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Central Bare Acts 1882 Home Acts Central 1882 Page 4 of about 474 results (0.035 seconds)

Indian Easements Act, 1882 Chapter 3

Title : The Incidents of Easements

State : Central

Year : 1882

The rules contained in this Chapter are controlled by any contract between the dominant and servient owners relating to the servient heritage, and by the provisions of the instrument or decree, if any, by which the easement referred to was imposed. Incidents of customary easements.--And when any incident of any customary easement is inconsistent with such rules, nothing in this Chapter shall affect such incident. Section 21 - Bar to use unconnected with enjoyment An easement must not be used of any purpose not connected with the enjoyment of the dominant heritage. Illustrations (a) A, as owner of a farm Y, has a right of way over B's land to Y. Lying beyond Y, A has another farm Z, the beneficial enjoyment of which is not necessary for the beneficial enjoyment of Y. He must..... View Complete Act      List Judgments citing this section

Indian Easements Act, 1882 Section 20

Title : Rules Controlled by Contract or Title

State : Central

Year : 1882

The rules contained in this Chapter are controlled by any contract between the dominant and servient owners relating to the servient heritage, and by the provisions of the instrument or decree, if any, by which the easement referred to was imposed. Incidents of customary easements.--And when any incident of any customary easement is inconsistent with such rules, nothing in this Chapter shall affect such incident. View Complete Act      List Judgments citing this section

Indian Easements Act, 1882 Section 21

Title : Bar to Use Unconnected with Enjoyment

State : Central

Year : 1882

An easement must not be used of any purpose not connected with the enjoyment of the dominant heritage. Illustrations (a) A, as owner of a farm Y, has a right of way over B's land to Y. Lying beyond Y, A has another farm Z, the beneficial enjoyment of which is not necessary for the beneficial enjoyment of Y. He must not use the easement for the purpose of passing to and from Z. (b) A, as owner of a certain house, has a right of way to and from it. For the purpose of passing to and from the house, the right may be used, not only by A, but by the members of his family, his guests, lodgers, servants, workmen, visitors and customers: for this is a purpose, connected with the enjoyment of the dominant heritage. So, if A lets the house, he may use the right of way for the purpose of..... View Complete Act      List Judgments citing this section

Indian Easements Act, 1882 Section 22

Title : Exercise of Easement. Confinement of Exercise of Easement

State : Central

Year : 1882

The dominant owner must exercise his right in the mode which is least onerous to the servient owner; and, when the exercise of an easement can without detriment to the dominant owner be confined to a determinate part of the servient heritage, such exercise shall, at the request of the servient owner, be so confined. Illustrations (a) A has a fight of way over B's field. A must enter the way ai either end and not at any intermediate point. (b) A has a right annexed to his house to cut thatching grass in B's swamp. A when exercising his easement must ail the grass so that the plants may not be destroyed. View Complete Act      List Judgments citing this section

Indian Easements Act, 1882 Section 23

Title : Right to Alter Mode of Enjoyment

State : Central

Year : 1882

Subject to the provisions of section 22, the dominant owner may, from time to time, alter the mode and place of enjoying the easement, provided that he does not thereby impose any additional burden on the servient heritage. Exception.--The dominant owner of a right of way cannot vary his line of passage at pleasure, even though he does not thereby impose any additional burden on the servient heritage. Illustrations (a) A, the owner of a sawmill, has a right to a flow of water sufficient to work the mill. He may convert the sawmill into a corn-mill: provided that it can he worked by the same amount of water. (b) A has a right to discharge on B's land the rain-water from the eaves of A's house. This clues not entitle A to advance his eaves if, by so doing, he imposes a greater..... View Complete Act      List Judgments citing this section

Indian Easements Act, 1882 Section 24

Title : Right to Do Acts to Secure Enjoyment

State : Central

Year : 1882

The dominant owner is entitled1 , as against the servient owner, to do all acts necessary to secure the full enjoyment of the easement; but such acts must be done at such time and in such manner as, without detriment to the dominant owner, to cause the servient owner as little inconvenience as possible; and the dominant owner must repair, as far as practicable, the damage (if any) caused by the act to the servient heritage. Accessory rights.--Rights to do acts necessary to secure the full enjoyment of an easement are called accessory rights. Illustrations (a) A has an easement to lay pipes in B's land to convey water to A's cistern. A may enter and dig the land in order to mend the pipes, but he must restore the surface to its original state. (b) A has an easement of a drain..... View Complete Act      List Judgments citing this section

Indian Easements Act, 1882 Section 25

Title : Liability for Expenses Necessary for Preservation of Easements

State : Central

Year : 1882

The expenses incurred in constructing works, or making repairs, or doing any other act necessary for the use or preservation of an easement, must be defrayed by the dominant owner. View Complete Act      List Judgments citing this section

Indian Easements Act, 1882 Section 26

Title : Liability for Damage from Want of Repair

State : Central

Year : 1882

Where an easement is enjoyed by means of an artificial work, the dominant owner is liable to make compensation for any damage to the servient heritage arising from the want of repair of such work1 . ______________________ 1. But see section 50, infra, as to extinguishments or suspension of easement. View Complete Act      List Judgments citing this section

Indian Easements Act, 1882 Section 27

Title : Servient Owner Not Bound to Do Anything

State : Central

Year : 1882

The servient owner is not bound to do anything for the benefit of the dominant heritage, and he is entitled, as against the dominant owner, to use the servient heritage in any way consistent with the enjoyment of the easement; but he must not do any act tending to restrict the easement or to render its exercise less convenient. Illustrations (a) A, as owner of a house has a right to lead water and send sewage through B's land. B is not bound, as servient owner, to clear the water course or scour the sewer. (b) A grants a right of way through his land to B as owner of a field. A may feed his cattle on grass growing on the way, provided that B's right of way is not thereby obstructed; but he must not build a wall at the end of his land so as to prevent B from going beyond it, nor..... View Complete Act      List Judgments citing this section

Indian Easements Act, 1882 Section 28

Title : Extent of Easements

State : Central

Year : 1882

With respect to the extent of easements and the mode of their enjoyment, the following provisions shall take effect;-- Easement of necessity.--An easement of necessity is co-extensive with the necessity as it existed when the easement was imposed. Other easements.--The extent of any other easement and the mode of its enjoyment must be fixed with reference to the probable intention of the parties, and the purpose for which the right was imposed or acquired. In the absence of evidence as to such intention and purpose-- (a) Right of way.--A right of way of any one kind does not include a right of way of any of kind; (b) Right to light or air acquired by grant.--The extent of a right to the passage of light or air to a certain window, door on other opening, imposed by a..... View Complete Act      List Judgments citing this section


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