The Indian Easements Act, 1882 (Act No. 5 of 1882) defines and codifies the law of easements and licenses in India. It sets out how easements are imposed, acquired, transferred, exercised, disturbed, extinguished, suspended and revived, and separately governs the creation, transfer and revocation of licenses over immovable property.
PRELIMINARY
- Section 1 — Short title, local extent and commencement
- Section 2 — Savings
- Section 3 — Construction of certain references to Act 15 of 1877 and Act 9 of 1871
CHAPTER I — OF EASEMENTS GENERALLY
- Section 4 — “Easement” defined; dominant and servient heritages
- Section 5 — Continuous and discontinuous, apparent and non-apparent easements
- Section 6 — Easement for limited time or on condition
- Section 7 — Easements restrictive of certain rights
CHAPTER II — THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS
- Section 8 — Who may impose easements
- Section 9 — Servient owners
- Section 10 — Lessor and mortgagor
- Section 11 — Lessee
- Section 12 — Who may acquire easements
- Section 13 — Easements of necessity and quasi easements
- Section 14 — Direction of way of necessity
- Section 15 — Acquisition by prescription
- Section 16 — Exclusion in favour of reversioner of servient heritage
- Section 17 — Rights which cannot be acquired by prescription
- Section 18 — Customary easements
- Section 19 — Transfer of dominant heritage passes easement
CHAPTER III — THE INCIDENTS OF EASEMENTS
- Section 20 — Rules controlled by contract or title
- Section 21 — Bar to use unconnected with enjoyment
- Section 22 — Exercise of easement; confinement of exercise of easement
- Section 23 — Right to alter mode of enjoyment
- Section 24 — Right to do acts to secure enjoyment; accessory rights
- Section 25 — Liability for expenses necessary for preservation of easement
- Section 26 — Liability for damage from want of repair
- Section 27 — Servient owner not bound to do anything
- Section 28 — Extent of easements
- Section 29 — Increase of easement
- Section 30 — Partition of dominant heritage
- Section 31 — Obstruction in case of excessive user
CHAPTER IV — THE DISTURBANCE OF EASEMENTS
- Section 32 — Right to enjoyment without disturbance
- Section 33 — Suit for disturbance of easement
- Section 34 — When cause of action arises for removal of support
- Section 35 — Injunction to restrain disturbance
- Section 36 — Abatement of obstruction of easement
CHAPTER V — THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS
- Section 37 — Extinction by dissolution of right of servient owner
- Section 38 — Extinction by release
- Section 39 — Extinction by revocation
- Section 40 — Extinction on expiration of limited period or happening of dissolving condition
- Section 41 — Extinction on termination of necessity
- Section 42 — Extinction of useless easement
- Section 43 — Extinction by permanent change in dominant heritage
- Section 44 — Extinction on permanent alteration of servient heritage by superior force
- Section 45 — Extinction by destruction of either heritage
- Section 46 — Extinction by unity of ownership
- Section 47 — Extinction by non-enjoyment
- Section 48 — Extinction of accessory rights
- Section 49 — Suspension of easement
- Section 50 — Servient owner not entitled to require continuance; compensation for damage caused by extinguishment or suspension
- Section 51 — Revival of easements
CHAPTER VI — LICENSES
- Section 52 — “License” defined
- Section 53 — Who may grant license
- Section 54 — Grant may be express or implied
- Section 55 — Accessory licenses annexed by law
- Section 56 — License when transferable
- Section 57 — Grantor’s duty to disclose defects
- Section 58 — Grantor’s duty not to render property unsafe
- Section 59 — Grantor’s transferee not bound by license
- Section 60 — License when revocable
- Section 61 — Revocation express or implied
- Section 62 — License when deemed revoked
- Section 63 — Licensee’s rights on revocation
- Section 64 — Licensee’s rights on eviction
Note: The Indian Easements Act, 1882 (Act No. 5 of 1882) received assent on 17th February, 1882, and came into force on 1st July, 1882. It was originally extended only to Madras, the Central Provinces and Coorg, and was later extended by successive amendments to other provinces, including Bombay, the U.P., Ajmer-Merwara, Madhya Pradesh, Punjab, Kerala, Pondicherry, and the Union territories of Jammu and Kashmir and Ladakh. The Act codifies easements — non-possessory rights such as rights of way, light, air, and support enjoyed over another’s immovable property — as well as licenses, which are revocable permissions falling short of an interest in property.
