Commentary on The Indian Easements Act, 1882 and Licences (act no.5 of 1882)

Description

Here’s a concise commentary on the Indian Easements Act, 1882 and Licences, covering the key aspects, judicial interpretations, and practical relevance:

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📘 Commentary on The Indian Easements Act, 1882 and Licences

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I. Introduction

The Indian Easements Act, 1882 codifies the law relating to easements and licenses in India. Easements are non-possessory rights over another’s property for beneficial enjoyment of one’s own land, whereas licenses are permissions to do something on another’s land which would otherwise be unlawful.

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II. Scope and Application

Applicable in all of India except the state of Jammu & Kashmir (now extended post-reorganization, subject to adaptation).

Not applicable to tenancy rights, public rights of way, or customary rights, unless specifically recognized.

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III. Key Definitions (Sec. 2)

Easement: A right possessed