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THE EASEMENTS ACT, 1882

(ACT NO. V OF 1882).
  Part No : Chapter No : Section No: [ 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:-
 
CONTENTS
 
SECTIONS
 
PRELIMINARY
1. Short title
[1A. This Act shall extend to the
Commencement
2. Savings
3. Construction of certain references to Act IX of 1908
CHAPTER I
OF EASEMENTS GENERALLY
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
CHAPTER II
THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS
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
CHAPTER III
THE INCIDENTS OF EASEMENTS
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
CHAPTER IV
THE DISTURBANCE OF EASEMENTS
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
CHAPTER V
THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS
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
CHAPTER VI
LICENSES
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
SCHEDULE
 
 

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Ministry of Law, Justice and Parliamentary Affairs