Day: June 12, 2019
Who may acquire easements. An easement may be acquired by the owner of the immovable property for the beneficial enjoyment of which the right is created, or on his behalf, by any person in possession of the same. One...
(a)if an easement in other immovable property of the transferor or testator is necessary for enjoying the subject of the transfer or bequest, the transferee or legatee shall be entitled to such easement; or (c)if an easement in the...
Customary easement – An easement may be acquired in virtue of a local custom. Such easements are called customary easements. Illustrations (a)By the custom of a certain village every cultivator of village land is entitled, as such, to graze his...
The dominant owner cannot, by merely altering or adding to the dominant heritage, substantially increase an easement. Where an easement has been granted or bequeathed so that its extent shall be proportionate to the extent of the dominant heritage,...
33. Suit for disturbance of easement The owner of any interest in the dominant heritage, or the occupier of such heritage, may institute a suit for compensation for the disturbance of the easement or of any right accessory thereto;...
25. Acquisition of easement by prescription. (1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and for twenty years,...
9. Continuous running of time . Where once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it: Provided that, where letters of administration to the estate of a...
6. Legal disability. (1) Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane,...
Extension of prescribed period in certain cases . Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after...
(e) defendant includes (i) any person from or through whom a defendant derives his liability to be sued; (ii) any person whose estate is represented by the defendant as exe-cutor, administrator or other representative; (f) easement includes a right...
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