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    Seminar Indian-Easement-Act-1882

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    Sachin Valmik Patil
    The document defines an easement as a right that the owner or occupier of one piece of land (called the dominant heritage) has to use or prevent something being done on another piece of land (called the servient heritage). An easement provides a benefit to the dominant land. Key characteristics of an easement include it being attached to the dominant land, non-revocable, and requiring a dominant and servient piece of land under different ownership. Easements can be acquired through express grant, implied grant or reservation, necessity, prescription, or local custom. Licenses are non-transferable, revocable rights to use another's land for a limited purpose that do not convey an interest in the property

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    Seminar Indian-Easement-Act-1882

    Uploaded by

    Sachin Valmik Patil
    42 views37 pages
    The document defines an easement as a right that the owner or occupier of one piece of land (called the dominant heritage) has to use or prevent something being done on another piece of land (called the servient heritage). An easement provides a benefit to the dominant land. Key characteristics of an easement include it being attached to the dominant land, non-revocable, and requiring a dominant and servient piece of land under different ownership. Easements can be acquired through express grant, implied grant or reservation, necessity, prescription, or local custom. Licenses are non-transferable, revocable rights to use another's land for a limited purpose that do not convey an interest in the property

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    seminar Indian-Easement-Act-1882

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    The document defines an easement as a right that the owner or occupier of one piece of land (called the dominant heritage) has to use or prevent something being done on another piece of land (called the servient heritage). An easement provides a benefit to the dominant land. Key characteristics of an easement include it being attached to the dominant land, non-revocable, and requiring a dominant and servient piece of land under different ownership. Easements can be acquired through express grant, implied grant or reservation, necessity, prescription, or local custom. Licenses are non-transferable, revocable rights to use another's land for a limited purpose that do not convey an interest in the property

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    42 views37 pages

    Seminar Indian-Easement-Act-1882

    Uploaded by

    Sachin Valmik Patil
    The document defines an easement as a right that the owner or occupier of one piece of land (called the dominant heritage) has to use or prevent something being done on another piece of land (called the servient heritage). An easement provides a benefit to the dominant land. Key characteristics of an easement include it being attached to the dominant land, non-revocable, and requiring a dominant and servient piece of land under different ownership. Easements can be acquired through express grant, implied grant or reservation, necessity, prescription, or local custom. Licenses are non-transferable, revocable rights to use another's land for a limited purpose that do not convey an interest in the property

    Copyright:

    © All Rights Reserved
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    of 37

    INDIAN EASEMENT

    ACT, 1 8 8 2
    P. SURESHCHANDRA
    Easement is privilege of using
    something that is not your own .
    S.4. “Easement” defined.-
    An easement is 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
    own.
    Dominant and servient
    heritages and owners. The
    land for the beneficial
    enjoyment of which the
    right exists is called the
    dominant heritage,
    and the owner or occupier
    thereof the dominant owner;
    the land on which the liability
    is imposed is called the
    servient heritage,
    and the owner or occupier
    thereof the servient owner.
    Illustrations
    (a) A, as the owner of a certain
    house, has a right of way thither
    over his neighbour B’s land for
    purposes connected with the
    beneficial enjoyment of the
    house. This is an easement.
    (b) A, as the owner of a certain
    house, has the right to go on his
    neighbour B’s land, and to take
    water for the purposes of his
    household out of a spring
    therein.This is an easement.
    (c) A, as the owner of a
    certain house, has the right to
    conduct water from B’s
    stream to supply the
    fountains in the garden
    attached to the house. This is
    an easement.
    (d) A, as the owner of a certain
    house and farm, has the right to
    graze a certain number of his
    own cattle on Bs field, or to
    take, for the purpose of being
    used in the house, by himself, his
    family, guests, lodgers and
    servants, water or fish out of Cs
    tank, or timber out of Ds wood,
    or to use, for the purpose of
    manuring his land, the leaves
    which have fallen from the trees
    on Es land.These are
    easements.
    Essentials of right of
    easement
    There must be an owner or
    occupier of certain land.
    The right must be possessed
    by the owner or occupier of
    such land as such owner or
    occupier.
    The right must be to do and
    continue to do something, or
    to prevent and continue to
    prevent something being done
    in or upon, or in respect of
    some other land.
    Right must not be for
    beneficial enjoyment of his
    own land

    Other land in or upon which


    the right is to be exercised
    must not be owned or occupied
    by him
    Easement & customary
    rights
    Customary right is a public
    right belonging to no
    particular individual but to all
    those who inhabit a particular
    locality or belong to a class of
    persons entitled to the benefit
    and is not appurtenant to any
    land.
    Easement is always
    appurtenant to a tenement.
    KINDS OF EASEMENT
    Section 5
    Continuous easement
    Discontinuous easement
    Apparent easement
    Non apparent easement
    WHO CAN
    IMPOSE
    EASEMENT

    Express grant or imposition[s.8-


    11]
    ◦Servient Owners
    ◦Lessor and Mortgagor
    ACQUISITION OF
    EASEMENT

    Section 12- owner


    Implied grant or
    reservation[s.8]
    By necessity [s.13]
    Prescription[s15 ]
    Local custom[s.18]
    INCIDENTS OF
    EASEMENT
    Following are the incident of easement ie.,
    mode of enjoyment of easement:
    1 Bar to use unconnected with enjoyment.
    S.21
    2. Exercise of easement S.22
    3. Right to alter mode of enjoyment S.23
    4. Right to do acts to secure enjoyment S.24
    5. Liability for expenses necessary for
    prevention of easements S.25
    6. Liability for damage from want of repair S.26
    7.Servient owner not bound to do anything
    S.27
    8.Extent of easement S.28
    9. Increase of easement S.29
    10. Partition of dominant heritage S.30
    11. Obstruction in case of excessive
    user S.31
    DISTURBANCE OF
    EASEMENT
    Right to enjoyment
    without disturbance Section 32
    Suit for disturbance of
    easement Section 33
    Injunction to restrain
    disturbance Section 35
    EXTINCTION OF
    EASEMENT
    Extinction by dissolution of
    rights of serveint owner S.37
    Extinction by release S.38
    Extinction by revocation S.39
    Extinction or expiration of
    limited period or happening
    of dissolving condition S.40
    Extinction on
    termination of necessity
    S.41
    Extinction of useless easement
    S.42
    Extinction by permanent
    change in dominant heritage
    S.43
    Extinction by non enjoyment
    S.47
    LICENCE
    Section 52- 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 licence.
    Licence in popular sense means
    three things:
    Permission to do something
    Certificate or document which
    embodies permission in question
    Licence fee which is price paid
    for previlege conferred
    Essentials of Licence
    Two different persons
    There must be a grant
    Licence is always positive
    Licence is granted to do
    something in or upon the
    immovable property of grantor
    Licence is not connected with
    ownership of any land, but
    creates only a personal right or
    obligation
    Associa t ed Hotels of India v
    R.N.Kapo or, it was stated:

    “under the aforesaid section, if a document


    gives only a right to use the property in a
    particular way or certain terms while it
    remains in possession and control of the owner
    thereof, it will be licence. Legal possession
    therefore continues with the owner of
    property, but licence is permitted to make
    use of premises for a particular purpose.
    Errington v Errington

    1. Substance of document must be seen


    2. what is intention of parties?
    3 if document creates interest in property
    then it will be lease but if it permits to
    use but no other right then it be
    licence.
    If under document party gets
    exclusive possession of the property
    prima facie he is considered be a tenant
    but the circumstances may be established
    which negative the intention to create a
    lease
    Quality cut pieces v Laxmi &
    Co. AIR 1986 Bom 359
    S.60. Licence when
    revocable

    A licence may be revoked by


    the grantor, unless-
    (a) it is coupled with a transfer
    of property and such transfer
    is in force;
    (b) the licensee, acting upon
    the licence, has executed a
    work of a permanent character
    and incurred expenses in the
    execution.
    LEAS Lease is
    E revocable
    Creation of
    Interest in
    property
    Lease gives
    the tenant a
    right to
    exclusive
    possession
    Lease is
    transferable
    LICEN Licence is
    CE non
    transferable
    No
    passing of Licence is
    interest in not
    property revocable
    Licence
    confers no
    such right
    on the
    licensee
    RIGHT IN GRANTO
    PERSONAM R[EXCEP
    IT IS T S.60]
    TO CONTINUOU
    DO S
    SOMETHING
    ONLY USE NOT
    NON NECESSARY
    TRANSFERAB
    LE
    REVOCAB
    LE AT
    THE WILL
    OF
    RIGHT TRANSFERAB
    LE
    ATTACHED NOT
    WITH THE REVOCABL
    PROPERTY E AT THE
    TO DO WILL OF
    OR GRANTOR
    TO CONTINUO
    PREVENT US USE
    SOMETHIN NECESSAR
    G Y

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