Indian Easements Act,1882
Act No : 5
Section : "Easement" defined
4. "Easement" defined.-An easement is a right which the owner oroccupier of certain land possesses, as such, for the beneficialenjoyment of that land, to do and continue to do something, or toprevent and continue to prevent something being done, in or upon, orin respect of, certain other land not his own. Dominant and servient heritages and owners. The land for thebeneficial enjoyment of which the right exists is called the dominantheritage, and the owner or occupier thereof the dominant owner; theland on which the liability is imposed is called the servientheritage, and the owner or occupier thereof the servient owner. Explanation.--In the first and second clauses of this section,the expression "land" includes also things permanently attached to theearth: the expression "beneficial enjoyment" includes also possibleconvenience, remote advantage, and even a mere amenity; and theexpression "to do something" includes removal and appropriation by thedominant owner, for the beneficial enjoyment of the dominant heritage,of any part of the soil of the servient heritage or anything growingor subsisting thereon. Illustrations (a) A, as the owner of a certain house, has a right of waythither over his neighbour B's land for purposes connected with thebeneficial enjoyment of the house. This is an easement. (b) A, as the owner of a certain house, has the right to go onhis neighbour B's land, and to take water for the purposes of hishousehold out of a spring therein. This is an easement. (c) A, as the owner of a certain house, has the right to conductwater from B's stream to supply the fountains in the garden attachedto the house. This is an easement. (d) A, as the owner of a certain house and farm, has the right tograze a certain number of his own cattle on B's field, or to take, forthe purpose of being used in the house, by himself, his family,guests, lodgers and servants, water or fish out of C's tank, or timberout of D's wood, or to use, for the purpose of manuring his land, theleaves which have fallen from the trees on E's land. These areeasements. (e) A dedicates to the public the right to occupy the surface ofcertain land for the purpose of passing and re-passing. This right isnot an easement. (f) A is bound to cleanse a watercourse running through his landand keep it free from obstruction for the benefit of B, a lowerriparian owner. This is not an easement.
Read All Comments
