The Easements Act, 1882

( ACT NO. V OF 1882 )

An Act to define and amend the Law relating to Easements and Licenses.


WHEREAS it is expedient to define and amend the law relating to easements and licenses;


It is hereby enacted as follows:-




1. Short title



2. Savings

3. Construction of certain references to Act IX of 1908

4. “Easement” defined

Dominant and servient heritages and owners

5. Continuous and discontinuous, apparent and non-apparent, easements

6. Easement for limited time or on condition

7. Easements restrictive of certain rights

(a)Exclusive right to enjoy

(b)Rights to advantages arising from situation

8. Who may impose easements

9. Servient 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 favour of reversioner of servient heritage

17. Rights which cannot be acquired by prescription

18. Customary easements

19. Transfer of dominant heritage passes easement

20. Rules controlled by contract or title

Incidents of customary easements

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 Accessory rights

Accessory rights

25. Liability for expenses necessary for preservation of easement

26. Liability for damage from want of repair

27. Servient owner not bound to do anything

28.Extent of easements

Easement of necessity

Other Easements-

(a) Right of way

(b) Right to light or air acquired by grant

(c) Prescriptive right to light or air

(d) Prescriptive right to pollute air or water

(e) Other prescriptive rights

29. Increase of easement

30. Partition of dominant heritage

31. Obstruction in case of excessive user

32. Right to enjoyment without 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

37. Extinction by dissolution of right of servient 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 servient 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. Servient owner not entitled to require continuance

Compensation for damage caused by extinguishment or suspension

51. Revival of easements

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