Indian Bare Acts

Search Alphabatically :

THE INDIAN EASEMENTS ACT, 1882

Title : THE INDIAN EASEMENTS ACT, 1882

Year : 1882



Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grant or, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.



A license may be granted by any one in the circumstances and to the extent in and to which he may transfer his interests in the property affected by the license.



The grant of a license may be express or implied from the conduct of the grant or, and an agreement which purports to create an easement, but is ineffectual for that purpose, may operate to create a license.



All licenses necessary for the enjoyment of any interest, the exercise of any right, are implied in the constitution of such interest or right. Such licenses are called accessory licenses.

Illustrations

A sells the trees growing on his land to B. B is entitled to go on the land and take away the trees.



Unless a different intention is expressed or necessarily implied, a license to attend a place of public entertainment may be transferred by the licensee; but, save as aforesaid, a license cannot be transferred by the licensee or exercised by his servants or agents.

Illustrations

(a) A grants B a right to walk over As field whenever he pleases. The right is not annexed to any immovable property of B. The right cannot be transferred.

(b) The Government grant B a license to erect and use temporary grain-sheds on Government land. In the absence of express provision to the contrary, Bs servants may enter on the land for the purpose of erecting sheds, erect the same, deposit grain therein and remove grain therefrom.



The grant or of a license is bound to disclose to the licensee any defect in the property affected by the license, likely to be dangerous to the person or property of the licensee, of which the grant or is, and the licensee is not, aware.



The grant or of a license is bound not to do anything likely to render the property affected by the license dangerous to the person or property of the licensee.



When the grant or of the license transfers the property affected thereby, the transferee is not as such bound by the license.



A license may be revoked by the grant or, unless-

(a) It is coupled with a transfer of property and such transfer is in force:

(b) The licensee, acting upon the license, has executed a work of a permanent character and incurred expenses in the execution.



The revocation of a license may be express or implied.

Illustrations

(a) A, the owner of a field, grants a license to B to use a path across it. A, with intent to revoke the license, locks a gate across the path. The license is revoked.

(b) A, the owner of a field, grants a license to B to stack hay on the field. A lets or sells the field to C. The license is revoked.

Last updated on July, 2016

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female