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SAVINGS. Irrigation. The Act saves (section 2) any right of the Government to

regulate the distribution of the waters of rivers and streams flowing in natural channels, and of natural lakes and ponds, or of the water flowing, collected, retained or distributed in or by any channel or other work constructed at the public expense for irrigation. This is in accordance with Act VIII of 1873, sec. 32, cl. (f). The power of the Executive to carry out schemes of irrigation, so important in a country like India', will thus remain unhampered. The Act also saves all enactments not expressly

repealed, such, for example, as the Forest Act, and, in the Panjab, Forest-con- Act IV of 1872, sec. 7, and in Oudh, Act XVIII of 1876, sec. 4. servancy. It thus avoids interference with forest-conservancy and with local Local usage.

usage in those parts of India in which customary law prevails. It also ex abundanti cautelâ, saves any customary or other right (not being a license) over land which any person may possess irrespective of any other land. Such rights, when conferred by licenze, are dealt with by Chapter VI.

LICENSES. Licenses. The Act ends with a chapter on Licenses, which, though

mentioned in the Evidence Act, secs. 116, 117, were nowhere dealt with in the body of Indian codified law. It defines license' as a grant of a right to do in or upon the grantor's immoreable property something which would in the absence of such right be unlawful, such right not amounting to an easement or an interest in the property? ; declares who may grant licenses ; states when alone they are transferable (herein varying from Wood v. Ledbitter, 13 M. & W. 838), declares the grantor's duties and rights, and the licensee's rights on revocation and on eviction.

The Bill which became the Easements Act was drawn by the writer, circulated in 1878, and again in 1879, to the Local Governments, revised by the Indian Law Commission, introduced (with the permission of the Secretary of State) to the Council and referred to a Select Committee in June 1881, and passed, in a somewhat mutilated condition, in February 1882. It has worked well during the last five years among the forty millions to whom it applies, and has falsified the predictions that it would give rise to litigation.

History of the Act.

1 See Mr. Justice Innes' Digest of · The grant of a rill in Dig. 8, 3, the English Law of Easements, 3rd ed. 37 seems an instance in Roman law of Pref. viii.

what English lawyers call a license.

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* Easement' defined
Dominant and servient heritages and owners
Continuous and discontinuous, apparent and non-apparent, easements
Easement for limited time or on condition
Easements restrictive of certain rights

(a) Exclusive right to enjoy
(6) Rights to advantages arising from situation

ib. 5 6

7 ib. ib.

CHAPTER II.

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II

I 2

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THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS. Who may impose easements

8 Servient owners

9 Lessor and mortgagor Lessee Who may acquire easements Easements of necessity and quasi-easements

13 Direction of way of necessity

14 Acquisition by prescription

15 Exclusion in favour of reversioner of servient heritage Right which cannot be acquired by prescription

17 Customary easements

18 Transfer of dominant heritage passes easement

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16

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CHAPTER III.

THE INCIDENTS OF EASEMENTS.

SECTIOS

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Rules controlled by contract or title
Incidents of customary easements
Bar to use unconnected with enjoyment
Exercise of easement
Confinement of exercise of easement
Right to alter mode of enjoyment
Right to do acts to secure enjoyment
Accessory rights
Liability for expenses necessary for preservation of easement
Liability for damage from want of repair
Servient owner not bound to do anything
Extent of easements
Easement of necessity
Other easements-

(a) right of way;
(b) right to light or air acquired by grant;
(c) prescriptive right to light or air ;
(d) prescriptive right to pollute air and water;

(e) other prescriptive rights
Increase of easement
Partition of dominant heritage
Obstruction in case of excessive user

23 24 ib. 25 26 27 28 ib,

13. 13. ເບີ. i. ib.

29 30 31

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THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS. Extinction by dissolution of right of servient owner Extinction by release Extinction by revocation

39 Extinction on expiration of limited period or happening of dissolving condition

40 Extinction on terinination of necessity

41 Extinction of useless easement

42 Extinction by permanent change in dominant heritage Extinction on permanent alteration of servient heritage by superior force 44

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ACT No. V. OF 1882.

PASSED BY THE GOVERNOR GENERAL OF

INDIA IN COUNCIL.

(Received the assent of the Governor General on the 17th February,

1882.)

An Act to define and amend the law relating to

Easements and Licenses.

Preamble.

Whereas it is expedient to define and amend the law relating to Easements and Licenses ; It is hereby enacted as follows:

PRELIMINARY. Short title. 1. This Act may be called The Indian Easements Act,

1882:' Local It extends to the territories respectively administered by extent.

the Governor of Madras in Council and the Chief Commis

sioners of the Central Provinces and Coorg; Commence- and it shall come into force on the first day of July, 1882. ment. Savings. 2. Nothing herein contained shall be deemed to affect any

law not hereby expressly repealed; or to derogate from

(a) any right of the Government to regulate the collection, retention and distribution of the water of rivers and streams flowing in natural channels, and of natural lakes and ponds?, or of the water flowing, collected, retained or distributed in or

· The Act is silent as to pools (stagna), or natural collections of rainwater, sometimes dried up.

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