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property_law:easement:lessee

Power of lessee to impose easement

Section 11 of The Indian Easements Act, 1882: Lessee

No lessee or other person having a derivative interest may impose on the property held by him as such an easement to take effect after the expiration of his own interest, or in derogation of the right of the lessor or the superior proprietor.

Scope

Section 11 is a negative aspect of section 8. Section 8 is also wider and includes section 11 in it. Vide illustrations (a) and (b) of section 8.

If A is a tenant of B’s land under a lease for an unexpired period of ten years, he cannot impose an easement on the land which may last for more than ten years, he cannot also impose an easement even within the period limited by the lease if it affects the reversionary rights of his landlord, for example, the tenant cannot grant an adjoining owner an easement of cutting wood for fuel, or of taking gravel or mud from the land, or of constructing a water-course for leading water, or to discharge foul matter on the land which may render the premises unhealthy, or to insert his beams in the walls of the house.


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