Indian Easements Act,1882
Act No : 5
Section : Easements of necessity and quasi easements
13. Easements of necessity and quasi easements.-Where one persontransfers or bequeaths immovable property to another,- (a) if an easement in other immovable property of the transferor or testator is necessary for enjoying the subject of the transfer or bequest, the transferee or legatee shall be entitled to such easement; or (b) if such an easement is apparent and continuous and necessary for enjoying the said subject as it was enjoyed when the transfer or bequest took effect, the transferee or legatee shall, unless a different intention is expressed or necessarily implied, be entitled to such easement; (c) if an easement in the subject of the transfer or bequest is necessary for enjoying other immovable property of the transferor or testator, the transferor or the legal representative of the testator shall be entitled to such easement; or (d) if such an easement is apparent and continuous and necessary for enjoying the said property as it was enjoyed when the transfer or bequest took effect, the transferor, or the legal representative of the testator, shall, unless a different intention is expressed or necessarily implied, be entitled to such easement. Where a partition is made of the joint property of several persons,- (e) if an easement over the share of one of them is necessary for enjoying the share of another of them, the latter shall be entitled to such easement, or (f) if such an easement is apparent and continuous and necessary for enjoying the share of the latter as it was enjoyed11 when the partition took effect, he shall, unless a different intention is expressed or necessarily implied, be entitled to such easement. The easements mentioned in this section, clauses (a), (c) and(e), are called easements of necessity. Where immovable property passes by operation of law, the personsfrom and to whom it so passes are, for the purpose of this section, tobe deemed, respectively, the transferor and transferee. Illustrations (a) A sells B a field then used for agricultural purposes only.It is inaccessible except by passing over A's adjoining land or bytrespassing on the land of a stranger. B is entitled to a right ofway, for agricultural purposes only, over A's adjoining land to thefield sold. (b) A, the owner of two fields, sells one to B, and retains theother. The field retained was, at the date of the sale, used foragricultural purposes only, and is inaccessible except by passing overthe field sold to B. A is entitled to a right of way, for agriculturalpurposes only, over B's field to the field retained. (c) A sells B a house with windows overlooking A's land. Which Aretains. The light which passes over A's and to the windows isnecessary for enjoying the house as it was enjoyed when the sale tookeffect. B is entitled to the light, and A cannot afterwards obstructit by building on his land. (d) A sells B a house with windows overlooking A's land. Thelight passing over A's land to the windows is necessary for enjoyingthe house as it was enjoyed when the sale took effect. Afterwards Asells the land to C. Here C cannot obstruct the light by building onthe land, for he takes it subject to the burdens to which it wassubject in A's hands. (e) A is the owner of a house and adjoining land. The house haswindows overlooking the land. A simultaneously sells the house to Band the land to C. The light passing over the land is necessary forenjoying the house as it was enjoyed when the sale took effect. Here Aimpliedly grants B a right to the light, and C takes the land subjectto the restriction that he may not build so as to obstruct such light. (f) A is the owner of a house and adjoining land. The house haswindows overlooking the land. A, retaining the house, sells the landto B, without expressly reserving any easement. The light passing overthe land is necessary for enjoying the house as it was enjoyed whenthe sale took effect. A is entitled to the light, and B cannot buildon the land so as to obstruct such light. (g) A, the owner of a house, sells B a factory built on adjoiningland. B is entitled, as against A, to pollute the air, when necessary,with smoke and vapours from the factory. (h) A, the owner of two adjoining houses, Y and Z, sells Y to B,and retains Z. B is entitled to the benefit of all the gutters anddrains common to the two houses and necessary for enjoying Y as it wasenjoyed when the sale took effect, and A is entitled to the benefit ofall the gutters and drains common to the two houses and necessary forenjoying Z as it was enjoyed when the sale took effect.12 (i) A, the owner of two adjoining buildings, sells one to B,retaining the other. B is entitled to a right to lateral support fromA's building, and A is entitled to a right to lateral support from B'sbuilding. (j) A, the owner of two adjoining buildings, sells one to B andthe other to C. C is entitled to lateral support from B's building,and B is entitled to lateral support from C's building. (k) A grants lands to B for the purpose of building a housethereon. B is entitled to such amount of lateral and subjacent supportfrom A's land as is necessary for the safety of the house. (l) Under the Land Acquisition Act, 1870, 1* (10 of 1870) aRailway Company compulsorily acquires a portion of B's land for thepurpose of making a siding. The Company is entitled to such amount oflateral support from B's adjoining land as is essential for the safetyof the siding. (m) Owing to the partition of joint property, A becomes the ownerof an upper room in a building, and B becomes the owner of the portionof the building immediately beneath it. A is entitled to such amountof vertical support from B's portion as is essential for the safety ofthe upper room. (n) A lets a house and grounds to B for a particular business. Bhas no access to them other than by crossing A's land. B is entitledto a right of way over that land suitable to the business to becarried on by B in the house and grounds.
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