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property_law:easement:easements-for-limited-time-or-on-condition

Easements for limited time or on condition

Section 6 of The Indian Easements Act, 1882.

An easement may be permanent, or for a term of years or other limited period, or subject to periodical interruption, or exercisable only at a certain place, or at certain times, or between certain hours, or for a particular purpose, or on condition that it shall commence or become void or voidable on the happening of a specified event or the performance or non-performance of a specified Act.

An easement may be permanent

Easements, by whatever modes they are acquired, as a rule, are permanent.

For a term of years or other limited period

Such easements can only arise from grant.

Subject to periodical interruption

A right of way can be granted subject to periodical interruption by the grantor when he requires it exclusively for his own purposes.

Exercisable only at a certain place

The right of way can be exercised only through a particular route. An easement of way confers no right to wander at pleasure over any part of the servient heritage.

Exercisable only at certain times

Some easements are exercised only at certain seasons of the year, for example, a right to cross in a boat, or discharge surplus rain- water can be exercised only in rainy reason.

Between certain hours

A person may have a right in respect of his mill to an uninterrupted flow of water from sunrise to noon.

For a particular purpose

A person may have aright of way for agricultural purposes only, or for passage of boats during the rainy season.

On Condition of a specified act

The right of easement may be granted on condition that it shall commence or become void or voidable when a certain person C dies during the life-time of the grantor or if the grantee marries or does not marry a certain person.


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Created on 2021/03/25 14:57 by LawPage • Last modified on 2021/04/09 22:26 (external edit)