Indian Easements Act,1882

Act No : 5

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Section : Who may impose easements

8. Who may impose easements.-An easement may be imposed by anyone in the circumstances, and to the extent, in and to which he maytransfer his interest in the heritage on which the liability is to beimposed.9 Illustrations (a) A is tenant of B's land under a lease for an unexpired termof twenty years, and has power to transfer his interest under thelease. A may impose an easement on the land to continue during thetime that the lease exists or for any shorter period. (b) A is tenant for his life of certain land with remainder to Babsolutely. A cannot, unless with B's consent, impose an easementthereon which will continue after the determination of his life-interest. (c) A, B and C are co-owners of certain land. A cannot, withoutthe consent of B and C, impose an easement on the land or on any partthereof. (d) A and B are lessees of the same lessor, A of a field X for aterm of five years, and B of a field Y for a term of ten years. A'sinterest under his lease is transferable; B's is not. A may impose onX, in favour of B, a right of way terminable with A's lease.

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