Commentary on the Indian Easements Act, 1882 and Licences (Act No. 5 of 1882)

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Description
Enjoyment of property is a basic tenet of our societal need such ethos of life, Law of Easement is moving day by day dynamically. Thus, being essential to present prevailing picture of law, we decided to publish revised edition of the instant works. An easement is a right which the owner or occupier of certain land and to do and continue to do something or to prevent and continue to prevent something being done in or upon in respect of certain another land not of his own. Easement is a privilege without profit which user gets from the owner of the property, by which the owner is prohibited to use the right of absolute use. It is such a right which allows an owner of the property to enjoy his property free and without any interferences of any other person, along with it restricts him to cause obstacles or hurdles in the property of a neighbour. Easement is a privilege which a neighbour, keeps upon another neighbour, by instrument or by prescription, without profit, as same or the way in his land or pond. According to Salmondeasement is the servitude which is applied upon other parts of land for the benefit of a part of the land.
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Contents
Part I - Preliminary
1.    Short Title
2.    Saving
3.    Construction of Certain References of Act XV of 1877 and Act IX of 1871
Chapter 1. Of Easements Generally
4.    Easement Defined
5.    Continuous and Discontinuous Apparent and Non-Apparent Easements
6.    Easement for Limited Time or on Condition
7.    Easement Restrictive of Certain Rights
Chapter 2. 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 Easement
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 3. The Incidents of Easements
20.  Rules Controlled by Contract or Title
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
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
29.  Increase of Easement
30.  Partition of Dominant Heritage
31.  Obstruction in Case of Excessive User
Chapter 4. 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 5. 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
51.  Revival of Easements
Chapter 6. Licences
52.  "Licence" Defined
53.  Who May Grant Licence
54.  Grant May be Express or Implied
55.  Accessory Licenses Annexed by Law
56.  Licence 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 Licence
60.  Licence when Revocable
61.  Revocation Express or Implied
62.  Licence when Deemed Revoked
63.  Licensee's Right on Revocation
64.  Licensee's Rights on Eviction
Appendix
I - Relevant Provisions of Limitation Act, 1963
II - Relevant Provisions of Specific Relief Act, 1963
III - Relevant Provisions of the Code of Criminal Procedure, 1973
IV - Relevant Provisions of the Code of Civil Procedure, 1908
V - Relevant Provisions of the Transfer of Property Act
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Author Details
Sanjiva Row
S.K.P. Sriniwas, Advocate Allahabad High Court