Section 41 of the Indian Easements Act, 1882-Easement of necessity-The argument that right of easement stands extinguished once the easement of necessity comes to an end is not applicable if the rights of the parties arise out of a sale...
Easements Act
There could be no implied grant where the easements are not continuous and non-apparent. Now a right of way is neither continuous nor always an apparent easement, and hence would not ordinarily come under the rule. Exception is no...
An easement by grant does not get extinguished u/s 41 of the Act which relates to an easement of necessity. An easement of necessity is one which is not merely necessary for the reasonable enjoyment of the dominant tenement,...
In Rameshchandra Bhikhabhai Patel Vs. Maneklal Maganlal Patel and Another[AIR 1986 Kant 456] , it is held that “Easement of necessity would no longer be available when alternative way is available to the claimant of that right”. where the...
Easementary right of way — It has been statutorily declared that an easement which under no circumstances can be advantageous to the dominant heritage shall cease to exist. It has been Judicially recognised that as a right of easement...
The principle of promissory estoppel is applicable to administrative law and not between the private parties. Mis-interpretation or misconstruction of document on which claim of a party is based amounts to substantial question of law and such error can...
The Indian Easements Act, 1882 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...
Grant of easement by necessary implication by the plaintiff was negated and the suit was dismissed.
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The plaintiff claiming a right of easement filed a suit out of which this appeal arises to restrain the first defendant from raising any wall which would obstruct his right to light and air through the doors and windows...
As existence of both a dominant tenement and servient tenement is essential to the creation and existence of an easement it is difficult to conceive of a position where a person can claim easement by prescription when he owns...
Section 13 of the Easements Act 1882, permits easement by necessity and that cannot be claimed if an alternative passage is available, though it may be bit inconvenient or a longer for his ingress and egrees.
Acquisition of easementary right by prescription u/s 15 of the Indian Easements Act, 1882
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The relevant provision of Section 15 is extracted thus : “Section 15 — Acquisition by prescription : and where a right of way or any other easement has been peaceably and openly enjoyed by any person claiming title thereto...
Whereas suit was filed for recognition of right of easement and later on amendment sought in the plaint for introducing essential ingredients of easement – The amendment, if allowed at the appellate stage, found to have caused delay and...
