According to Section 4 of the Indian Easement Act, defines it as follows: “An easement is a right which the owner or occupier of certain land possesses. Full text containing the act, Indian Encasements Act, , with all the sections, schedules, short title, Indian Easements Act, (Act No. 5 of Year ). This is the official website of Central Board of Direct Taxes (CBDT), Department of Revenue, Ministry of Finance, Government of India. Income Tax Department.

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The license is revoked.

Section Grant or transferee not bound by license. Extinction on permanent alteration of servient heritage by superior force. Grantor’s transferee not bound by license. Illustrations a A has a right of way over B ‘s field.


A license may be revoked by the grant or, unless- a It is coupled with a transfer of property and acy transfer is in force: The right cannot be transferred. But see section 50, infra, as to extinguishment or suspension of easement. Exercise of easement-confinement of exercise of easement. B afterwards purchases a part of induan land over which he can pass to his field. Illustrations a A, as lndian of a house, has a right to lead water and send sewage through B ‘s land.

The defendant proves that for a year of that time the plaintiff inrian entitled to possession of the servient heritage as lessee thereof and enjoyed the right as such lessee. A thereupon acquires an easement that B shall not open new windows in his house so as to command a view of the portions of A ‘s house which are ordinarily excluded from observation, and B acquires a like easement with respect to A ‘s house.

Illustrations a A right annexed to Easemehts s house to receive light by the windows without obstruction by his neighbour A. Licensee’s rights on eviction. Here C cannot obstruct the light by building on the land, for he takes it subject to the burdens to which it was subject in A ‘s hands.


B must not drive stakes so as to obstruct the watercourse. It is hereby enacted as follows: A then abandons his easement, and restores the stream to its ancient course. Right to alter mode of enjoyment. Where a partition is made of the joint property of several persons,. A is kndian to the light, and B cannot build on the land so as to obstruct such light.

Section Revocation express or implied. Licensee’s rights on eviction An Act to define and amend the law relating to easements and licenses.

Where an easement has been granted or bequeathed so that its extent shall be proportionate to the extent of the dominant heritage, if the dominant heritage is increased by alluvion, the easement is proportionately increased, and if the dominant heritage is diminished by diluvion, the easement is proportionately diminished. Illustration A has a right of way over a road running along the foot of a sea-cliff. This does not entitle A to pollute the stream by discharging into it poisonous liquor.

Illustration A, having a right to the free passage over B ‘s land of light to four windows six feet by four, increases their size and number. The license is revoked. An easement extinguished under section 46 revives when the grant or bequest by which the unity of ownership was produced is set aside by the decree of a competent Court. It is proved that A gave B a month’s notice of his intention to abandon the easement, and that such notice was sufficient to enable B, without unreasonable expense, to have prevented the damage.

Indian Encasements Act, | Bare Acts | Law Library | AdvocateKhoj

A, with intent to revoke the license, locks a gate across the path. The defendant proves that the plaintiff on one occasion during the twenty years had admitted that the user was not of right and asked his leave to enjoy the right. B is entitled to go on the land and take away the trees.

The circumstance that, during the said period, no one was in possession of the servient heritage, or that the easement could not be enjoyed, or that a right indan thereto was enjoyed, indiah that the dominant owner was not aware of its existence, or that he enjoyed it in ignorance of his right to do so, does not prevent its extinction under this section.

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This is not substantial damage to A. Illustrations a A grants B a right to walk over As field whenever he pleases. A, without the consent of B and C, releases the easement. Illustration A has certain land to which a right of way is annexed.

The right of way is also extinguished. Illustrations a A, the owner of a saw-mill, has a right to a flow of water sufficient to work the mill. Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the easememts wherein the claim to which such period relates is contested.

Tax Laws & Rules > Acts > Indian Easements Act,

A may enter and dig the land in order to mend the pipes, but he must restore the surface to its original state. In the absence of evidence as to such zct and purpose- a Right of way. Illustrations a A grants B a right to walk over A ‘s field whenever he pleases. Easements for limited time or on condition. The plaintiff proves that the right was peaceably and openly enjoyed by him, claiming title thereto, as an easement and as of right, without interruption, from 1st January, to 1st January, Extinction of accessory right.

C is entitled to lateral support from B ‘s building, and B is entitled to lateral support from C ‘s building. He cannot thereby increase his right to divert water. The way is out of repair, or a tree is blown down and falls across it.

A lets or sells the field to C.