Ecolex Logo
The gateway to
environmental law
Search results » Legislation

Indian Easements Act, 1882.

Country/Territory
India
Document type
Legislation
Date
1882 (2019)
Source
FAO, FAOLEX
Long title
An Act to define and amend the law relating to Easements and Licenses.
Subject
Land & soil, Water
Keyword
Servitude Land tenure Range Water rights Waterworks Freshwater pollution Pollution control Groundwater
Geographical area
Asia, Asia and the Pacific, Indian Ocean, South Asian Seas, Southern Asia
Abstract

This Act provides rules relative to a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his or her own (easement). Easements are restrictions of one or other of the following rights (namely):— (a) Exclusive right to enjoy —The exclusive right of every owner of immovable property (subject to any law for the time being in force) to enjoy and dispose of the same and all products thereof and accessions thereto. (b) Rights to advantages arising from situation —The right of every owner of immovable property (subject to any law for the time being in force) to enjoy without disturbance try another the natural advantages arising from its situation. Easements are either continuous or discontinuous, apparent or non-apparent. The Act defines when and by who an easement may be established. There can also be acquisition of an easement by prescription or by in virtue of a local custom. Such latter easements are called customary easements. An easement must not be used for any purpose not connected with the enjoyment of the dominant heritage. The dominant owner may, from time to time, alter the mode and place of enjoying the easement, provided that he does not thereby impose any additional burden on the servient heritage. Where an easement is enjoyed by means of an artificial work, the dominant owner is liable to make compensation for any damage to the servient heritage arising from the want of repair of such work. The Act also concerns extinction of easements. It also regulates another kind of servitude called "licence". Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license. The easement can be a right to go and take water on neighbouring land or a right to pollute water.

Full text
English
Website
www.indiacode.nic.in