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Home›State Acts›Easements Act, 1977›section 3

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section 3

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Easements Act, 1977

Civil197770 sections6 chapters

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4"Easement" defined
5This is not an easement.
6This is a non-apparent easement.
7Easements restrictive of certain rights
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.
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
32Right to enjoyment without disturbance
33Suit for disturbance of easement
34When cause of action arises for removal of support
35Injunction to restrain disturbance
36Abatement of obstruction of easement
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
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
1Short title, extent and commencement
2Savings
3Omitted
65Grantor's transferee not bound by licence
66Licence when revocable
67Revocation express or implied
68Licence when deemed revoked
69Licensee's rights on revocation
70Licensee's rights on eviction

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