The INDIAN EASEMENTS ACT, 1882

PRELIMINARY

Section 1 — Short title.

This Act may be called the Indian Easements Act, 1882. Local extent.—It extends to the territories respectively administered by the Governor of Madras in Council and the Chief Commissioners of the Central Provinces and Coorg; Commencement.—and it shall come into force on the first day of July, 1882.

STATE AMENDMENTS Karnataka Amendment of Central Act V of 1882.—In section 1 of the Indian Easements Act, 1882 (Central Act V of 1882) for the entry under the heading “Local extent”, the following entry shall be substituted, namely: — “It extends to the whole of the State of Karnataka”. [Vide Karnataka Act 33 of 1978, s. 6].

Browse all 64 sections
  1. 1.Short title.
  2. 2.Savings.
  3. 3.Construction of certain references to Act 15 of 1877 and Act 9 of 1871.
  4. 4.“Easement” defined.
  5. 5.Continuous and discontinuous, apparent and non-apparent, easements.
  6. 6.Easement for limited time or on condition.
  7. 7.Easements restrictive of certain rights.
  8. 8.Who may impose easements.
  9. 9.Servient owners.
  10. 10.Lessor and mortgagor.
  11. 11.Lessee.
  12. 12.Who may acquire easements.
  13. 13.Easements of necessity and quasi easements.
  14. 14.Direction of way of necessity.
  15. 15.Acquisition by prescription.
  16. 16.Exclusion in favour of reversioner of servient heritage.
  17. 17.Rights which cannot be acquired by prescription.
  18. 18.Customary easements.
  19. 19.Transfer of dominant heritage passes easement.
  20. 20.Rules controlled by contract or title.
  21. 21.Bar to use unconnected with enjoyment.
  22. 22.Exercise of ease dent.
  23. 23.Right to alter mode of enjoyment.
  24. 24.Right to do acts to secure enjoyment.
  25. 25.Liability for expenses necessary for preservation of easement.
  26. 26.Liability for damage from want of repair.
  27. 27.Servient owner not bound to do anything.
  28. 28.Extent of easements.
  29. 29.Increase of easement.
  30. 30.Partition of dominant heritage.
  31. 31.Obstruction in case of excessive user.
  32. 32.Right to enjoyment without disturbance.
  33. 33.Suit for disturbance of easement.
  34. 34.When cause of action arises for removal of support.
  35. 35.Injunction to restrain disturbance.
  36. 36.Abatement of obstruction of easement.
  37. 37.Extinction by dissolution of right of servient owner.
  38. 38.Extinction by release.
  39. 39.Extinction by revocation.
  40. 40.Extinction on expiration of limited period or happening of dissolving condition.
  41. 41.Extinction on termination of necessity.
  42. 42.Extinction of useless easement.
  43. 43.Extinction by permanent Change in dominant heritage.
  44. 44.Extinction on permanent alteration of servient heritage by superior force.
  45. 45.Extinction by destruction of either heritage.
  46. 46.Extinction by unity of ownership.
  47. 47.Extinction by non-enjoyment.
  48. 48.Extinction of accessory rights.
  49. 49.Suspension of easement.
  50. 50.Servient owner not entitled to require continuance.
  51. 51.Revival of easements.
  52. 52.“License” defined.
  53. 53.Who may grant license.
  54. 54.Grant may be express or implied.
  55. 55.Accessory licenses annexed by law.
  56. 56.License when transferable.
  57. 57.Grantor’s duty to disclose defects.
  58. 58.Grantor’s duty not to render property unsafe.
  59. 59.Grantor’s transferee not bound by license.
  60. 60.License when revocable.
  61. 61.Revocation express or implied.
  62. 62.License when deemed revoked.
  63. 63.Licensee’s rights on revocation.
  64. 64.Licensee’s rights on eviction.