Indian Easements Act,1882

Act No : 5

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Section : Continuous and discontinuous, apparent and non-apparent,easements

5. Continuous and discontinuous, apparent and non-apparent,easements.-Easements are either continuous or discontinuous, apparentor non-apparent.7 A continuous easement is one whose enjoyment is, or may be,continual without the act of man. A discontinuous easement is one that needs the act of man for itsenjoyment. An apparent easement is one the existence of which is shown bysome permanent sign which, upon careful inspection by a competentperson, would be visible to him. A non-apparent easement is one that has no such sign. Illustrations (a) A right annexed to B's house to receive light by the windowswithout obstruction by his neighbour A. This is a continuous easement. (b) A right of way annexed to A's house over B's land. This is adiscontinuous easement. (c) Rights annexed to A's land to lead water thither across B'sland by an aqueduct and to draw off water thence by a drain. The drainwould be discovered upon careful inspection by a person conversantwith such matters. These are apparent easements. (d) A right annexed to A's house to prevent B from building onhis own land. This is a non-apparent easement.

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