Indian Easement Act
INDIAN EASEMENTS ACT, 1882
(Act No. 5 of Year 1882)
An Act to define and amend the law relating to easements and licences
WHEREAS it is expedient to define and amend the law relating to Easements and Licences. It is hereby enacted as follows: -
PRELIMINARY
1. Short title - This Act may be called the Indian Easements Act, 1882.
Local extent: It extends to the territories respectively administered by the Governor of Madras in Council and the Chief Commissioners of the Central Provinces and Coorg.
Commencement: It shall come into force on the first day of July, 1882.
2. Saving -Nothing herein contained shall be deemed to affect any law not hereby expressly repealed; or to derogate from-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 by any channel or other work constructed at the public expense for irrigation;
(b) any customary or other right (not being a licence) in or over immovable property which the government, the public or any person may possess irrespective of other immovable property; or
(c) any right acquired, or arising out of a relation created, before this Act comes into force.
3. Construction of certain references to Act XV of 1877 and Act IX of 1871-All references in any Act or Regulation to sections 26 and 27 of the Indian Limitation Act, 1877 or to sections 27 and 28 of Act No. IX of 1871, shall, in the territories to which this Act extends, be read as made to sections 15 and 16 of this Act.
CHAPTER I: OF EASEMENTS GENERALLY
4. "Easement" defined
An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of certain other
(Act No. 5 of Year 1882)
An Act to define and amend the law relating to easements and licences
WHEREAS it is expedient to define and amend the law relating to Easements and Licences. It is hereby enacted as follows: -
PRELIMINARY
1. Short title - This Act may be called the Indian Easements Act, 1882.
Local extent: It extends to the territories respectively administered by the Governor of Madras in Council and the Chief Commissioners of the Central Provinces and Coorg.
Commencement: It shall come into force on the first day of July, 1882.
2. Saving -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 by any channel or other work constructed at the public expense for irrigation;
(b) any customary or other right (not being a licence) in or over immovable property which the government, the public or any person may possess irrespective of other immovable property; or
(c) any right acquired, or arising out of a relation created, before this Act comes into force.
3. Construction of certain references to Act XV of 1877 and Act IX of 1871-All references in any Act or Regulation to sections 26 and 27 of the Indian Limitation Act, 1877 or to sections 27 and 28 of Act No. IX of 1871, shall, in the territories to which this Act extends, be read as made to sections 15 and 16 of this Act.
CHAPTER I: OF EASEMENTS GENERALLY
4. "Easement" defined
An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of certain other