THE INDIAN EASEMENTS ACT, 1882. ACT NO. 5 OF 1882, 17th February, 1882.
An Act to define and amend the law relating to Easements and Licenses. Preamble.—WHEREAS it is expedient to define and amend the law relating to Easements and Licenses; It is hereby enacted as follows:—
Download PDF for THE INDIAN EASEMENTS ACT, 1882
| Sections | Particulars |
| Preliminary | |
| 1 | Short title |
| 2 | Saving |
| 3 | Construction of certain references to Act XV of 1877 and Act IX of 1871 |
| Chapter I | Easements Generally |
| 4 | “Easement defined |
| 5 | Continuous and discontinuous, apparent and non-apparent easements |
| 6 | Easement for limited time or on condition |
| 7 | Easements restrictive of certain rights |
| Chapter II | The Imposition, Acquisition And Transfer Of Easements |
| 8 | Who may impose easements |
| 9 | Servant owners |
| 10 | Lessor and mortgagor |
| 11 | Lessee |
| 12 | Who may acquire easements |
| 13 | Easements of necessity and quasi easements |
| 14 | Direction of way of necessity |
| 15 | Acquisition by prescription |
| 16 | Exclusion in favor of reversioner of servant heritage |
| 17 | Rights which cannot be acquired by prescription |
| 18 | Customary easements |
| 19 | Transfer of dominant heritage passes easement |
| Chapter III | The Incidents Of Easements |
| 20 | Rules controlled by contract or title |
| 21 | Bar to use unconnected with enjoyment |
| 22 | Exercise of easement-confinement of exercise of easement |
| 23 | Right to alter mode of enjoyment |
| 24 | Right to do acts to secure enjoyment |
| 25 | Liability for expenses necessary for preservation of easement |
| 26 | Liability for damage from want of repair |
| 27 | Servant owner not bound to do anything |
| 28 | Extent of easements |
| 29 | Increase of easement |
| 30 | Partition of dominant heritage |
| 31 | Obstruction in case of excessive user |
| Chapter IV | The Disturbance Of Easements |
| 32 | Right to enjoyment with out disturbance |
| 33 | Suit for disturbance of easement |
| 34 | When cause of action arises for removal of support |
| 35 | Injunction to restrain disturbance |
| 36 | Abatement of obstruction of easement |
| Chapter V | The Extinction, Suspension And Revival Of Easements |
| 37 | Extinction by dissolution of right of servant owner |
| 38 | Extinction by release |
| 39 | Extinction by revocation |
| 40 | Extinction on expiration of limited period or happening of dissolving condition |
| 41 | Extinction on termination of necessity |
| 42 | Extinction of useless easement |
| 43 | Extinction by permanent change in dominant heritage |
| 44 | Extinction on permanent alteration of servant heritage by superior force |
| 45 | Extinction by destruction of either heritage |
| 46 | Extinction by unity of ownership |
| 47 | Extinction by non-enjoyment |
| 48 | Extinction of accessory rights |
| 49 | Suspension of easement |
| 50 | Servant owner not entitled to require continuance |
| 51 | Revival of easements |
| Chapter VI | Licences |
| 52 | “License” defined |
| 53 | Who may grant license |
| 54 | Grant may be express or implied |
| 55 | Accessory licenses annexed by law |
| 56 | License when transferable |
| 57 | Grantor’s duty to disclose defects |
| 58 | Grantor’s duty not to render property unsafe |
| 59 | Grantor’s transferee not bound by license |
| 60 | License when revocable |
| 61 | Revocation express or implied |
| 62 | License when deemed revoked |
| 63 | Licensee’s rights on revocation |
| 64 | Licensee’s rights on eviction |