What is Indian Easements Act 1882?
Section 24. Right to do acts to secure enjoyment. Section 25. Liability for expenses necessary for preservation of easement….Language.
| Act ID: | 188205 |
|---|---|
| Act Year: | 1882 |
| Short Title: | The Indian Easements Act, 1882 |
| Long Title: | An Act to define and amend the law relating to Easements and Licenses. |
How many types of easements are there as per Indian easement Act 1882?
Continuous and discontinuous, apparent and non-apparent, easements. — Easements are either continuous or discontinuous, apparent or non-apparent. A continuous easement is one whose enjoyment is, or may be, continual without the act of man. A discontinuous easement is one that needs the act of man for its enjoyment.
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?
-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 …
What is license under easement?
Section 52 of Indian Easements Act, 1882 defines Licence as under: A licence is a personal right given to the licencee and, therefore, Section 56 of the Easements Act, 1882 provides that licence cannot be transferred by the licencee or exercised by his servants and agents.
What is transfer section?
According to this section, transfer of property means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and other living persons.
What is easement and its types?
Easement as defined under Section 4 of the Act is a right enjoyed by the owner of the dominant heritage over the heritage of servient owner for the beneficial enjoyment of his own land. Easements can be prescriptive, customary, quasi and of necessity.
Who may impose easement?
1. Creation of easement by grant. – According to Section 8 of the Easements Act, an easement may be imposed by anyone in the circumstances and to the extent, in and to which he may transfer his interest in the heritage on which the liability is to be imposed.
What is the difference between a licence and an easement?
If you intend the right to continue after transfer of the property it has to be an easement, as an easement runs with the land, whereas a license does not; (d) right must be capable of forming a grant in the sense that the right must be certain, definitive in purpose and a right capable of being an easement.
What’s the difference between licence and easement?
Thus, a license is simply a permit or privilege to do what would otherwise be considered an unlawful trespass. An easement, on the other hand, is a nonpossessory interest in the land of another. This is an important distinction in that an easement is an “interest in land,” not a mere contract right.
