An Act to define and amend the law relating to Easements and Licenses.
The Indian Easements Act, 1882 has 64 sections in 6 chapters, amended 12 times. Each link below opens the official text of that section. Official PDF on India Code.
The Indian Easements Act, 1882 PDF
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Official copy of the Act from India Code (Legislative Department, Government of India).
All sections of the Indian Easements Act, 1882
- 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
- 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 easement
- 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.—An easement must not be used for any purpose not connected with the enjoyment of the dominant heritage
- 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
- 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.—With respect to the extent of easements and the mode of their enjoyment, the following provisions shall take effect
- Section 29 – Increase of easement.—The dominant owner cannot, by merely altering or adding to the dominant heritage, substantially increase an 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
- 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