Easements Act, 1977
Easements Act, 1977
Civil197770 sections6 chapters
This Act sets out the law of easements in Jammu and Kashmir, meaning rights one landowner has over another's land, such as a right of way, light or water. It defines the kinds of easements, who can impose and acquire them, and easements of necessity. It also covers how easements are acquired by long use (prescription), and how they are exercised, changed and extinguished. It also covers licences.
Chapter I OF EASEMENTS GENERALLY →
Chapter II THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS →
- 8Who may impose easements
- 9A may impose on X, in favour of B, a right of way terminable with A's lease.
- 10B may grant to C, as the owner of a neighbouring farm, the right to feed his cattle on the grass growing on the way: Provided that A's right of way is not thereby obstructed.
- 11Lessee
- 12Who may acquire easements
- 13One of two or more co-owners of immovable property may, as such, with or without the consent of the other or others, acquire an easement for the beneficial enjoyment of such property- No lessee of immovable property can acquire, for the beneficial enjoyment of other immovable property of his own, an easement in or over the property comprised in his lease.
- 14B is entitled to a right of way over that land suitable to the business to be carried on by B in the house and grounds.
- 15When the person so entitled to set out the way refuses or neglects to do so, the dominant owner may set it out.
- 16The suit shall be dismissed, for the right of way has not been enjoyed "as of right" for twenty years.
- 17Rights which cannot be acquired by prescription
- 18Customary easements
- 19Such easements are called customar~ easements.
Chapter III THE INCIDENTS OF EASEMENTS →
- 20Rules controlled by contract or title
- 21Bar to use unconnected with enjoyment
- 22Exercise of easement
- 23Right to alter mode of enjoyment
- 24Right to do acts to secure enjoyment
- 25Liability for expenses necessary for preservation of easement
- 26Liability for damage from want of repair
- 27Servient owner not bound to do anything
- 28Extent of easements
- 29Increase of easement
- 30Save as aforesaid, no easement is affected by any change in the extent of the dominant or the servient heritage.
- 31Obstruction in case of excessive user
Chapter IV THE DISTURBANCE OF EASEMENTS →
Chapter V THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS →
- 37Extinction by dissolution of right of servient owner
- 38The easement is not thereby extinguished.
- 39The easement is impliedly released.
- 40Extinction on expiration of limited period or happening of dissolving condition
- 41Extinction on termination of necessity
- 42The right of way over A's land which B had acquired is extinguished.
- 43Extinction by permanent change in dominant heritage
- 44Nothing in this section shall be deemed to apply to an easement entitling the dominant owner to support of the dominant heritage.
- 45A's right is extinguished.
- 46A's easement is extinguished.
- 47A's right of way is not extinguished.
- 48Extinction of accessory rights
- 49Suspension of easement
- 50Servient owner not entitled to require continuance
- 51Revival of easements
Chapter VI LICENCES →
- 52"Licence" defined
- 53Who may grant licence
- 54Grant may be express or implied
- 55Accessory licences annexed by law
- 56Licence when transferable
- 57Grantor's duty to disclose defects
- 58Grantor's duty not to render property unsafe
- 59Grantor's transferee not bound by licence
- 60Licence when revocable
- 61Revocation express or implied
- 62Licence when deemed revoked
- 63Licensee's rights on revocation
- 64Licensee's rights on eviction
PDF: pending for this language.