Indian Easements Act,1882
Act No : 5
Section : Easements restrictive of certain rights
7. Easements restrictive of certain rights.-Easements arerestrictions of one or other of the following rights (namely):- (a) Exclusive right to enjoy.-The exclusive right of every owner of immovable property (subject to any law for the time being in force) to enjoy and dispose of the same and all products thereof and accessions thereto. (b) Rights to advantages arising from situation.-The right of every owner of immovable property (subject to any law for the time being in force) to enjoy without disturbance by another the natural advantages arising from its situation. Illustrations of the rights above referred to (a) The exclusive right of every owner of land in a town to buildon such land, subject to any municipal law for the time being inforce.8 (b) The right of every owner of land that the air passing theretoshall not be unreasonably polluted by other persons. (c) The right of every owner of a house that his physical comfortshall not be interfered with materially and unreasonably by noise orvibration caused by any other person. (d) The right of every owner of land to so much light and air aspass vertically thereto. (e) The right of every owner of land that such land, in itsnatural condition, shall have the support naturally rendered by thesubjacent and adjacent soil of another person. Explanation.--Land is in its natural condition when it is notexcavated and not subjected to artificial pressure; and the "subjacentand adjacent soil" mentioned in this illustration means such soil onlyas in its natural condition would support the dominant heritage in itsnatural condition. (f) The right of every owner of land that, within his own limits,the water which naturally passes or percolates by, over or through hisland shall not, before so passing or percolating, be unreasonablypolluted by other persons. (g) The right of every owner of land to collect and disposewithin his own limits of all water under the land which does not passin a defined channel and all water on its surface which does not passin a defined channel. (h) The right of every owner of land that the water of everynatural stream which passes by, through or over his land in a definednatural channel shall be allowed by other persons to flow within suchowner's limits without interruption and without material alteration inquantity, direction, force or temperature; the right of every owner ofland abutting on a natural lake or pond into or out of which a naturalstream flows, that the water of such lake or pond shall be allowed byother persons to remain within such owner's limits without materialalteration in quantity or temperature. (i) The right of every owner of upper land that water naturallyrising in, or falling on, such land, and not passing in definedchannels, shall be allowed by the owner of adjacent lower land to runnaturally thereto. (j) The right of every owner of land abutting on a naturalstream, lake or pond to use and consume its water for drinking,household purposes and watering his cattle and sheep; and the right ofevery such owner to use and consume the water for irrigating such landand for the purposes of any manufactory situate thereon: Provided thathe does not thereby cause material injury to other like owners. Explanation.--A natural stream is a stream, whether permanent orintermittent, tidal or tideless, on the surface of land orunderground, which flows by the operation of nature only and in anatural and known course.
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