Indian Easements Act,1882

Act No : 5

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Section : Customary casements

18. Customary casements.-An easement may be acquired in virtue ofa local custom. Such easements are called customary easements. Illustrations (a) By the custom of a certain village every cultivator ofvillage land is entitled, as such, to graze his cattle on the commonpasture. A, having become the tenant of a plot of uncultivated land inthe village, breaks up and cultivates that plot. He thereby acquiresan easement to graze his cattle in accordance with the custom. (b) By the custom of a certain town no owner or occupier of ahouse can open a new window therein so as substantially to invade hisneighbour's privacy. A builds a house in the town near B's house. Athereupon acquires an easement that B shall not open new windows inhis house so as to command a view of the portions of A's house whichare ordinarily excluded from observation, and B acquires a likeeasement with respect to A's house.15

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