Easements Act, 1882

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THE EASEMENTS ACT, 1882 
 
 
 
 
CONTNETS 
 
PRELIMINARY 
1.  Short title 
2.  Savings 
3.  [Omitted] 
CHAPTER I 
 
OF EASEMENTS GENERALLY 
4.  “Easement” defined 
5.  Continuous and discontinuous, apparent and non-apparent, easements 
6.  Easement for limited time or on condition 
7.  Easements restrictive of certain rights 
CHAPTER II 
 
THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS 
8.  Who may impose easements 
9.  Servant owners 
10.  Lessor and mortgagor 
11.  Lessee 
12.  Who may acquire easements 
13.  Easements of necessity and quasi easements 
 
 

 
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14.  Direction of way of necessity 
15.  Acquisition by prescription 
16.  Exclusion in favour of reverionser of servoient heritage 
17.  Rights which cannot be acquired by prescription 
18.  Customary easements 
19.  Transfer of dominant heritage passes easement 
CHAPTER III 
 
THE INCIDENTS OF EASEMENTS 
20.  Rules controlled by contract or title 
21.  Bar to use unconnected with enjoyment 
22.  Exercise of easement. Confinement of exercise of easement 
23.  Right to alter mode of enjoyment 
24.  Right to do acts to secure enjoyment 
25.  Liability for expenses necessary for preservation of easement 
26.  Liability for damage from want of repair 
27.  Servient owner not bound to do anything 
28.  Extent of easements 
29.  Increase of easement 
30.  Partition of dominant heritage 
31.  Obstruction in case of excessive user 
CHAPTER IV 
 
THE DISTURBANCE OF EASEMENTS 
32.  Right to enjoyment without disturbance 
33.  Suit for disturbance of easement 
34. When cause of action arises for removal of support 
35.  Injunction to restrain disturbance 
36.  Abatement of obstruction of easement 
 
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CHAPTER V 
 
THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS 
37.  Extinction by dissolution of right of servant owner 
38.  Extinction by release 
39.  Extinction by revocation 
40.  Extinction on expiration of limited period or happening of dissolving condition 
41.  Extinction on termination of necessity 
42.  Extinction of useless easement 
43.  Extinction by permanent change in dominant heritage 
44.  Extinction on permanent alteration of servient heritage by superior force 
45.  Extinction by destruction of either heritage 
46.  Extinction by unity of ownership 
47.  Extinction by non-enjoyment 
48.  Extinction of accessory rights 
49.  Suspension of easement 
50.  Servient owner not entitled to require continuance 
51.  Revival of easement 
CHAPTER VI  
 
LICENSES 
52.  “License” defined 
53.  Who may grant license 
54.  Grant may be express or implied 
55.  Accessory licenses annexed by law 
56.  License when transferable 
57.  Grantor’s duty to disclose defects 
58.  Grantor’s duty not to render property unsafe 
 
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59.  Grantor’s transferee not bound by license 
60.  License when revocable 
61.  Revocation express or implied 
62.  License when deemed revoked 
63.  Licensee’s rights on revocation 
64.  Licensee’s rights on eviction 
 
  
 
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THE EASEMENTS ACT, 1882 
1ACT No. V OF 1882 
[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 
1. Short title. This Act may be called the 2[*] Easements Act, 1882.  
[Local Extent.] Omitted by A. O., 1949, Schedule.  
Commencement. And it shall come into force on the first day of July, 1882.  
2. Savings. —Nothing herein contained shall be deemed to affect any law not hereby expressly 
repealed; or to derogate from—  
(a)  any right of the 3[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 license) in or over immoveable 
property which the 3[Government], the public or any person may possess 
irrespective of other immoveable 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.] Omitted by the 
Federal Laws (Revision and Declaration) Ordinance, 1981, (27 of 1981), s.3 and Sch. II.  
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 land 
not his own.  
 
1This Act had been extended to Sindh which was administered by the Governor of Bombay in Council by Act VIII of 1891.  
This Act had been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P ., subject to  certain 
modifications; and also extended to the Excluded Area of Upper Tanawal (N. W.F.P.) other than Phulera with effect from such date and subject to such 
modifications as may be notified, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. This Act has been extended to the whole of 
Pakistan by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October. 1955).  
2Omitted by A. O., 1949, Sch.  
3Subs. by A. O., 1961, Art. 2. 
 
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Dominant and servient heritages and owners. —The land for the beneficial enjoyment of 
which the right exists is called the dominant heritage, and the owner or occupier thereof the dominant 
owner; the land on which the liability is imposed is called the servient her itage, and the owner or 
occupier thereof the servient owner.  
Explanation.-In the first and second clauses of this section, the expression “land” includes also 
things permanently attached to the earth: the expression “beneficial enjoyment” includes also possible 
convenience, remote advantage, and even a mere ame nity ; and the expression “to do something” 
includes removal and appropriation by the dominant owner, for the beneficial enjoyment of the 
dominant heritage, of any part of the soil of the servient h eritage or anything growing or subsisting 
thereon.  
Illustrations 
(a)  A, as the owner of a certain house, has a right of way thither over his neighbour 
B’s land for purposes connected with the beneficial enjoyment of the house. 
This is an easement.  
(b)  A, as the owner of a certain house, has the right to go on his neighbour B’s 
land, and to take water for the purposes of his household out of a spring therein, 
This is an easement.  
(c)  A, as the owner of a certain house, has the right to conduct water from B’s 
stream to supply the fountains in the garden attached to the house. This is an 
easement.  
(d)  A, as the owner of a certain house and farm, has t he right to graze a certain 
number of his own cattle on B’s field, or to take, for the purpose of being used 
in the house, by himself, his family, guests, lodgers and servants, water or fish 
out of C’s tank, or timber out of D’s wood, or to use, for the purpose of manuring 
his land, the leaves which have fallen from the trees on E’s land. These are 
easements.  
(e)  A dedicates to the public the right to occupy the surface of certain land for the 
purpose of passing and re-passing. This right is not an easement.  
(f)  A is bound to cleanse a watercourse running through his land and keep it free 
from obstruction for the  benefit of B, a lower riparian owner. This is not an 
easement.  
5. Continuous and discontinuous, apparent and non -apparent, easements. —Easements 
are either continuous or discontinuous, apparent or non-apparent.  
A continuous easement is one whose enjoyment is, or may be, continual without the act of man.  
A discontinuous easement is one that needs the act of man for its enjoyment.  
An apparent easement is one the existence of which is shown by some permanent sign which, 
upon careful inspection by a competent person, would be visible to him.  
A non-apparent easement is one that has no such sign.  
 
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Illustrations  
(a)  A right annexed to B’s house to receive light by the windows without 
obstruction by his neighbor A. This is a continuous easement.  
(b)  A right of way annexed to A’s house over D’s land. This is a discontinuous 
easement.  
(c)  Rights annexed to A’s land to lead water thither across D’s land by an aqueduct 
and to draw off water thence by a drain. The drain would be discovered upon 
careful inspection by a person conversant with such matters. These are apparent 
easements.  
(d)  A right annexed to A’s house to prevent B from building on his own land. This 
is a non-apparent easement.  
6. Easement for limited time or on condition. —An easement may be p ermanent, 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 b ecome void or voidable the happening of a specified event or the 
performance or non-performance of a specified act.  
7. Easements restrictive of certain rights. —Easements are restrictions of one or other 
of the following rights (namely):-  
(a)  Exclusive right to enjoy. The exclusive right of every owner of immoveable 
property (subject to any law for the time being in force) to enjoy and dispose of 
the same and all products thereof and accessions thereto.  
(b)  Rights to advantages arising from situation. The right of every owner of 
immoveable property (subject to any law for the time being in force) to enjoy a, 
without disturbance by another the natural advantages a arising from its 
situation.  
Illustrations of the rights above referred to  
(a)  The exclusive right of every owner of land in a town to build on such land, 
subject to any municipal law for the time being in force.  
(b)  The right of every owner of land that the air passing thereto shall not be 
unreasonably polluted by other persons.  
(c)  The right of every owner of a house that his physical comfort shall not be 
interfered with materially and unreasonably by noise or vibration caused by any 
other person. (d) The right of every owner of land to so much light and air as 
pass vertically thereto.  
 
  
 
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(e)  The right of every owner of land that such land, in its natural condition, shall 
have the support naturally rendered by the subjacent and adjacent soil of another 
person.  
Explanation. —Land is in its natural condition when it is not excavated and not subjected to 
artificial pressure; and the “subjacent and adjacent soil” mentioned in this illustration means such soil 
only as in its natural condition would support the dominant heritage in its natural condition.  
(f)  The right of every owner of land that, within his own limits, the water which 
naturally passes or percolates by, over or through his land shall not, before so 
passing or percolating, be unreasonably polluted by other persons.  
(g)  The right of every owner of land to collect and dispose within his own limits of 
all water under the land which does not pass in a defined channel and all water 
on its surface which does not pass in a defined channel.  
(h)  The right of every owner of land that the water of every natural stream which 
passes by, through or over his land in a defined natural channel shall be allowed 
by other persons to flow within such owner’s limits without  interruption and 
without material alteration in quantity, direction, force or temperature; the right 
of every owner of land abutting on a natural lake or pond into or out of which a 
natural stream flows, that the water of such lake or pond shall be allowe d by 
other persons to remain with in such owner’s limit without material alteration 
in quantity or temperature.  
(i)  The right of every owner of upper land that water natural1y rising in, or falling, 
on such land, and not passing in defined channels, shall be a1lowed by the owner 
of adjacent lower land to run naturally thereto.  
(j)   right of every owner of land abutting on a natural stream, lake or pond to use 
and consume its water for drinking, household purposes and watering his cattle 
and sheep; and the right of every such owner to use and consume the water for 
irrigating such land and for the purposes of any manufactory situate thereon: 
Provided that he does not thereby cause material injury to other like owners.  
Explanation.-A natural stream is a stream, whether permanent or intermittent, tidal or tideless, 
on the surface of land or underground, which flows by the operation of nature only and in a natural 
and known course.  
CHAPTER II 
 
THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS 
8. Who may impose easements. —An easement may be imposed by any one in the 
circumstances, and to the extent, in and to which he may transfer his interest in the heritage on which 
the liability is to be imposed.  
Illustrations 
(a)  A is tenant of B’s land under a lease for an unexpired term of twenty years, and 
has power to transfer his interest under the lease. A may impose an easement on 
the land to continue during the time that the lease exists or for any shorter period.  
 
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(b)  A is tenant for his life of certain land with remainder to B absolutely. A cannot, 
unless with B’s consent, impose an easement thereon which will continue after 
the determination of his life-interest.  
(c)  A, B and C are co -owners of certain land. A cannot, without the consent of B 
and C, impose an easement on the land or on any part thereof.  
(d)  A and B are lessees of the same lessor, A of a field X for a term of five years, 
and B of a field Y for a term of ten years. A’s interest under his lease is 
transferable; B’s is not. A may impose on X, in favour of B, a right of way 
terminable with A’s lease.  
9. Servient owners. —Subject to the provisions of section 8, a servient owner may impose on 
the servient heritage any easement that does not lessen the utility of the existing easement . But he 
cannot, without the consent of the dominant owner, impose an easement on the servient heritage which 
would lessen such utility.  
Illustrations 
(a)  A has, in respect of his mill, a right to the uniterrupted flow thereto from sunrise 
to noon of the water of B’s stream. B may grant to C the right to divert the water 
of the stream from noon to sunset: Provided that A’s supply is not thereby 
diminished.  
(b)  A has, in respect of his house, a right of way over B’s land. B may grant to C, 
as the owner o f a neighbouring farm, the right to feed his cattle on the grass 
growing on the way: Provided that A’s right of way is not thereby obstructed.  
10. Lessor and mortgagor. —Subject to the provisions of section 8, a lessor may impose, on 
the property leased, any easement that does not derogate from the rights of the lessee as such, and a 
mortgagor may impose, on the property mortgaged, any easement that does not render the security 
insufficient. But a lessor or mortgagor cannot, without the consent of the lessee or mortgagee, impose 
any other easement on such property, unless it be to take effect on the termination of the lease or the 
redemption of the mortgage.  
Explanation.-A security is insufficient within the meaning of this section unless the value of 
the mortgaged property exceeds by one -third, or, if consisting of buildings, exceeds by one -half, the 
amount for the time being due on the mortgage.  
11. 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.  
12. Who may acquire easements. —An easement may be acquired by the owner of the 
immoveable property for the b eneficial enjoyment of which the right is created, or on his behalf, by 
any person in possession of the same.  
One of two or more co -owners of immoveable property may, as such, with or without the 
consent of the other or others, acquire an easement for the beneficial enjoyment of such property.  
No lessee of immoveable property can acquire, for the beneficial enjoyment of other 
immoveable property of his own, an easement in or over the property comprise in his lease.  
 
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13. Easements of necessity and quasi easements. —Where one person transfers or bequeaths 
immoveable property to another, — 
(a)  if an easement in other immoveable property of the transferor or testator is 
necessary for enjoying the subject of the transfer or bequest, the transferee or 
legatee shall be entitled to such easement; or  
(b)  if such an easement is apparent and continuou s and necessary for enjoying the 
said subject as it was enjoyed when the transfer or bequest took effect, the 
transferee or legatee shall, unless a different intention is expressed or 
necessarily implied, be entitled to such easement;  
(c)  if an easement in the subject of the transfer or bequest is necessary for enjoying 
other immoveable property of the transferor or testator, the transferor or the 
legal representative of the testator shall be entitled to such easement; or  
(d)  if such an easement is appa rent and continuous and necessary for enjoying the 
said property as it was enjoyed when the transfer or bequest took effect, the 
transferor, or the legal representative of the testator, shall, unless a different 
intention is expressed or necessarily implied, be entitled to such easement.  
Where a partition is made of the joint property of several persons,__ 
(e)  if an easement over the share of one of them is necessary for enjoying the share 
of another of them, the latter shall be entitled to such easement, or  
(f)  if such an easement is apparent and continuous and necessary for enjoying the 
share of the latter as it was enjoyed when the partition took effect, he shall, 
unless a different intention is expressed or necessarily implied, be entitled to 
such easement.  
The easements mentioned in this section, clauses (a), (c) and (e), are called easements of 
necessity.  
Where immoveable property passes by operation of law, the persons from and to whom it so 
passes are, for the purpose of this section, to be deemed, respectively, the transferor and transferee.  
Illustrations 
(a)  A sells B a field then used for agricultural purposes only. It is in accessible 
except by passing over A’s adjoining land or by trespassing on the land of a 
stranger. B is entitled to a right of way, for agricultural purposes only, over A’s 
adjoining land to the field sold.  
(b)  A, the owner of two fields, sells one to B, and retains the other. The field 
retained was, at the date of the sale, used for agricultural purposes only, and is 
inaccessible except by passing over the field sold to B. A is entitled to a right of 
way, for agricultural purposes only, over B’s field to the field retained.  
(c)  A sells B a house with windows overlooking A’s land, which A retains. The 
light which passes over A’s land to the window is necessary for enjoying the 
 
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house as it was enjoyed when the sale took effect. B is entitled to the light, and 
A cannot afterwards obstruct it by building on his land.  
(d)  A sells B a house with windows overlooking A’s land. The light passing over 
A’s land to the windows is necessary for enjoying the house as it was enjoyed 
when the sale took effect. Afterwards A sells the land to C. Here C cannot 
obstruct the light by building on the land, for he takes it subject to the burdens 
to which it was subject in A’s hands.  
(e)  A is the owner of a house and adjoining land. The house has windows 
overlooking the land. A simultaneously sells th e house to B and the land to C. 
The light passing over the land is necessary for enjoying the house as it was 
enjoyed when the sale took effect. Here A impliedly grants B a right to the light, 
and C takes the land subject to the restriction that he may not  build so as to 
obstruct such light.  
(f)  A is the owner of a house and adjoining land. The house has windows 
overlooking the land. A, retaining the house, sells the land to B, without 
expressly reserving any easement. The light passing over the land is n ecessary 
for enjoying the house as it was enjoyed when the sale took effect. A is entitled 
to the light, and B cannot build on the land so as to obstruct such light.  
(g)  A, the owner of a house, sells B a factory built on adjoining land. B is entitled, 
as against A, to pollute the air, when necessary, with smoke and vapours from 
the factory.  
(h)  A, the owner of two adjoining houses, Y and Z, sells Y to B, and retains Z. B is 
entitled to the benefit of all the gutters and drains common to the two houses 
and necessary for enjoying Y as it was enjoyed when the sale took effect, and 
A is entitled to the benefit of all the gutters and drains common to the two houses 
and necessary for enjoying Z as it was enjoyed when the sale took effect.  
(i)  A, the owner of two adjoining buildings, sells one to B, retaining the other. B is 
entitled to a right to lateral support from A’s building, and A is entitled to a right 
to lateral support from B’s building.  
(j)  A, the owner of two adjoining buildings, sells one to B and the other to C. C is 
entitled to lateral support from B’s building, and B is entitled to lateral support 
from C’s building.  
(k)  A grants lands to B for the purpose of building a house thereon. B is entitled to 
such amount of lateral and subjacent support from A’s land as is necessary for 
the safety of the house.  
(l)  Under the l[Land Acquisition Act, 1894( I of 1894 )], a Railway Co mpany 
compulsorily acquires a portion of B’s land for the purpose of making a siding. 
The Company is entitled to such amount of lateral support from B’s adjoining 
land as is essential for the safety of the siding.  
 
1Subs. by the Federal Laws (Revision and Declaration) Ordinance No. XXVII of 1981, s. 3 and 2nd Sch.  
 
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(m)  Owing to the partition of joint property, A becomes the owner of an upper room 
in a building, and B becomes the owner of the portion of the building 
immediately beneath it. A i s entitled to such amount of vertical support from 
B’s portion as is essential for the safety of the upper room.  
(n)  A lets a house and grounds to B for a particular business. B has no access to 
them other than by crossing A’s land. B is entitled to a ri ght of way over that 
land suitable to the business to be carried on by B in the house and grounds.  
14. Direction of wa y of necessity .___ When 1[a right] to a way of necessity is created under 
section 13, the transferor, the legal representative of the testator, or the owner of the share over which 
the right is exercised, as the case may be, is entitled to set out the way; but it must be reasonably 
convenient for the dominant owner.  
When the person so entitled to set out the way refuses or neglects to do so, the dominant owner 
may set it out.  
15. Acquisition by prescription. —Where the access and use of light or air to and for any 
building have been peaceably enjoyed therewith, as an easement, without interruption, and for twenty 
years,  
and where support from one person’s land or things affixed thereto has been peaceably received 
by another person’s land subjected to artificial pressure or by things affixed thereto, as an easement, 
without interruption, and for twenty years,  
and where a right of way or any other easement has been peaceably and openly enjoyed by any 
person claiming title thereto, as an easement, and as of right, without interruption, and for twenty years, 
the right to such access and use of light or air, support or other easement shall be absolute.  
Each of the said periods of twenty years shall be taken to be a period ending within two years 
next before the institution of the suit wherein the claim to which such period relates is contested.  
Explanation I. —Nothing is an enjoyment within the meaning of this section when it has been 
had in pursuance of an agreement with the owner or occupier of the property over which the right is 
claimed, and it is apparent from the agreement that such right has not been granted as an easement, or, 
if granted as an easement, that it has been granted for a limited period, or subject to a condition on the 
fulfilment of which it is to cease.  
Explanation II. —Nothing is an interruption within the meaning of this sec tion unless where 
there is an actual cessation of the enjoyment by reason of an obstruction by the act of some person 
other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after 
the claimant has notice thereof and of the person making or authorizing the same to be made.  
Explanation III. —Suspension of enjoyment in pursuance of a contract between the dominant 
and servient owners is not an interruption within the meaning of this section.  
Explanation IV. —In the case of an easement to pollute water, the said period of twenty years 
begins when the pollution first prejudices perceptibly the servient heritage.  
 
1Subs. by the Amending Act No. XII of 1891.  
 
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When the property over which a right is claimed under this section belongs to 1[ the 
Government], this section shall be read as if, for the words “twenty years” the words “sixty years” 
were substituted.  
Illustrations 
(a)  A suit is brought in 1883 for obs tructing a right of way. The defendant admits 
the obstruction, but denies the right of way. The plaintiff proves that the right 
was peaceably and openly enjoyed by him, claiming title thereto as an easement 
and as of right, without interruption, from 1st J anuary, 1862, to 1st January, 
1882. The plaintiff is entitled to judgment.  
(b)  In a like suit the plaintiff shows that the right was peaceably and openly enjoyed 
by him for twenty years. The defendant proves that for a year of that time the 
plaintiff was entitled to possession of the servient heritage as lessee thereof and 
enjoyed the right as such lessee. The suit shall be dismissed, for the right of way 
has not been enjoyed “as an easement” for twenty years.  
(c)  In a like suit the plaintiff shows that the right was peaceably and openly enjoyed 
by him for twenty years. The defendant proves that the plaintiff on one occasion 
during the twenty years had admitted that the user was not of right and asked 
his leave to enjoy the right. The suit shall be dismissed, for the right of way has 
not been enjoyed “as of right” for twenty years.  
16. Exclusion in favour of reverionser of servoient heritage. —Provided that, when any land 
upon, over or from which any easement has been enjoyed or derived has been held under or by virtue 
of any interest for life or any term of years exceeding three years from the granting thereof, the time 
of the enjoyment of such easement during the continuance of such interest or term shall be excluded 
in the computation of the said last-mentioned period of twenty years, in case the claim is, within three 
years next after the determination of such interest or term, resisted by the person entitled, on such 
determination, to the said land.  
A sues for a declaration that he is entitled to a right of way over B’s land. A proves that he has 
enjoyed the right for twenty-five years; but B shows that during ten of these years C had a life-interest 
in the land; that on C’s death B became entitled to the land; and that within two years after C’s deat h 
he contested A’s claim to the right. The suit must be dismissed, as A, with reference to the provisions 
of this section, has only proved enjoyment for fifteen years.  
17. Rights which cannot be acquired by prescription. —Easements acquired under section 
15 are said to be acquired by prescription, and are called prescriptive rights.  
None of the following rights can be so acquired:-  
Illustration 
 (a)  a right which would tend to the total destruction of the subject of the right, or 
the property on which, if the acquisition were made, liability would be imposed;  
(b)  a right to the free passage of light or air to an open space of ground;  
1Subs. by A.O., 1961, Art 2.  
 
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(c)  a right to surface-water not flowing in a stream and not permanently collected 
in a pool, tank or otherwise;  
(d)  a right to underground water not passing in a defined channel.  
18. Customary easements. —An easement may be acquired in virtue of a local custom. Such 
easements are called customary easements.  
Illustrations 
(a)  By the custom of a certain village every cultivator of village land is entitled, as 
such, to graze his cattle on the common pasture.  A, having become the tenant 
of a plot of uncultivated land in the village, breaks up and cultivates that plot. 
He thereby acquires an easement to graze his cattle in accordance with the 
custom.  
(b)  By the custom of a certain town no owner or occupier of  a house can open a 
new window therein so as substantially to invade his neighbour’s privacy. A 
builds a house in the town near B’s house. A thereupon acquires an easement 
that B shall not open new win downs in his house so as to command a view of 
the portions of A’s house which are ordinarily excluded from observation, and 
B acquires a like easement with respect to A’s house.  
19. Transfer of dominant heritage passes easement. —Where the dominant heritage is 
transferred or devolves, by act of parties or by operation of law, the transfer or devolution shall, unless 
a contrary intention appears, be deemed to pass the easement to the person in whose favour the transfer 
or devolution takes place.  
Illustration 
A has certain land to which a right of way is annexed. A lets the land to B for twenty years. 
The right of way vests in B and his legal representative so long as the lease continues.  
CHAPTER III 
 
THE INCIDENTS OF EASEMENTS 
20. Rules controlled by contract or title. —The rules contained in this chapter are controlled 
by any contract between the dominant and servient owners relating to the servient heritage, and by the 
provisions of the instrument or decree, if any, by which the easement referred to was imposed.  
Incidents of customary easements. And when any incident of any customary easement is 
inconsistent with such rules, nothing in this chapter shall affect such incident.  
21. Bar to use unconnected with enjoyment. —An easement must not be used for any 
purpose not connected with the enjoyment of the dominant heritage.  
Illustrations 
(a)  A, as owner of a farm Y, has a right of way over B’s land to Y. Lying beyond 
Y, A has another farm Z, the beneficial enjoyment of which is not necessary for 
 
Page 15 of 27 
 
the be neficial enjoyment of Y. He must not use the easement for the purpose of 
passing to and from Z.  
(b)  A, as owner of a certain house, has a right of way to and from it. For the purpose 
of passing to and from the house, the right may be used, not only by A, but b y 
the members of his family, his guests, lodgers, servants, workmen, visitors and 
customers; for this is a purpose connected with the enjoyment of the dominant 
heritage. So, if A lets the house, he may use the right of way for the purpose of 
collecting the rent and seeing that the house is kept in repair.  
22. Exercise of easement. Confinement of exercise of easement. —The dominant owner 
must exercise his right in the mode which is least onerous to the servient owner; and, when the exercise 
of an easement can without detriment to the dominant owner be confined to a determinate part of the 
servient heritage, such exercise shall, at the request of the servient owner, be so confined.  
Illustrations 
(a)  A has a right of way over B’s field. A must enter the way at either end and not 
at any intermediate point.  
(b)  A has a right annexed to his house to cut thatching-grass in B’s swamp. A, when 
exercising his easement, must cut the grass so that the plants may not be 
destroyed.  
23. Right to alter mode of enjoyment. —Subject to the provisions of section 22, the dominant 
owner may, from time to time, alter the mode and place of enjoying the easement, provided that he 
does not thereby impose any additional burden on the servient heritage.  
Exception.___ The dominant owner of a right of way cannot vary his line of passage at pleasure, 
even though he does not thereby impose any additional burden on the servient heritage.  
Illustrations 
(a)  A, the owner of a saw-mill, has a right to a flow of water sufficient to work the 
mill. He may convert the saw -mill into a corn -mill, provided that it can be 
worked by the same amount of water.  
(b)  A has a right to discharge on B’s land the rain -water from the eaves of A’s 
house. This does not entitle A to advance his e aves if, by so doing, he imposes 
a greater burden on B’s land.  
(c)  A, as the owner of a paper-mill, acquires a right to pollute a stream by pouring 
in the refuse -liquor produced by making in the mill paper from rags. He may 
pollute the stream by pouring in similar liquor produced by making in the mill 
paper by a new process from bamboos, provided that he does not substantially 
increase the amount, or injuriously change the nature, of the pollution.  
(d)  A, a riparian owner, acquires, as against the lower  riparian owners, a 
prescriptive right to pollute a stream by throwing sawdust into it. This does not 
entitle A to pollute the stream by discharging into it poisonous liquor.  
 
Page 16 of 27 
 
24. Right to do acts to secure enjoyment. —The dominant owner is entitled 1, as against the 
servient owner, to do all acts necessary to secure the full enjoyment of the easement, but such acts 
must be done at such time and in such manner as, without detriment to the dominant owner, to cause 
the servient owner as little inconvenience as  possible; and the dominant owner must repair, as far as 
practicable, the damage (if any) caused by the act to the servient heritage.  
Accessory rights. Rights to do acts necessary to secure the full enjoyment of an easement are 
called accessory rights.  
Illustrations 
A has an easement to lay pipes in B’s land to convey water to A’s cistern. A may enter and dig 
the land in order to mend the pipes, but he must restore the surface to its original state.  
(b)  A has an easement of a drain through B’s land. The sewer with which the drain 
communicates is altered. A may enter upon B’s land and alter the drain, to adapt 
it to the new sewer, provided that he does not thereby impose any additional 
burden on B’s land.  
(c)  A, as owner of a certain house, has a right of way over B’s land. The way is out 
of repair, or a tree is blown down and falls across it. A may enter on B’s land 
and repair the way or remove the tree from it.  
(d)  A, as owner of a certain field, has a right of way over B’s land. B renders the 
way impassable. A may deviate from the way and pass over the adjoining land 
of B, provided that the deviation is reasonable.  
(e)  A, as owner of a certain house, has a right of way over B’s field. A may remove 
rocks to make the way.  
(f)  A has an easement of support from B’s wal1. The wall gives way. A may enter 
upon B’s land and repair the wall.  
(g)  A has an easement to have his land flooded by means of a dam in B’s stream. 
The dam is half swept away by an inundation. A may enter upon B’s land and 
repair the dam.  
25. Liability for expenses necessary for preservation of easement. —The expenses incurred 
in constructing works, or making repairs, or doing any other act necessary for the use of preservation 
of an easement, must be defrayed by the dominant owner.  
26. Liability for damage from want of repair. —Where an easement is enjoyed by means of 
an artificial work, the dominant owner is liable to make compensation for any damage to the servient 
heritage arising from the want of repair of such work.2  
27. Servient owner not bound to do anything. —The servient owner is not bound to do 
anything for the benefit of the dominant heritage, and he is entitled, as against the dominant owner, to 
use the servient heritage in any way consistent with the enjoyment of the easement: but he must not do 
any act tending to restrict the easement or to render its exercise less convenient.  
 
1But see s. 36, infra, as to abatement of obstruction of easement. 
2But see s. 50, infra, as to extinguishment or suspension of easement.  
 
Page 17 of 27 
 
Illustrations 
(a)  A, as owner of a house, has a right to lead water and send sewage through B’s 
land. B is not bound, as servient owner, to clear the watercourse or scour the 
sewer.  
(b)  A grants a right of way through his land to B as owner of a field. A may feed 
his cattle on grass growing the way, provided that B’s right of way is not thereby 
obstructed; but he must not build a wall at the end of his land so as to prevent B 
from going beyond it, nor must he narrow the way so as to render the exercise 
of the right less easy than it was at the date of the grant.  
(c)  A, in respect of his house, is entitled to an easement of support from B’s wall. 
B is not bound, as servient owner, to keep the wall standing and in repair. But 
he must not pull down or weaken the wall so as to make it incapable of rendering 
the necessary support.  
(d)  A, in respect of his mill, is entitled to a watercourse through B’s land. B must 
not derive stakes so as to obstruct the watercourse.  
(e)  A, in respect of his house, is entitled to a certain quantity of light passing over 
B’s land. B must not plant trees so as to obstruct the passage to A’s windows of 
that quantity of light.  
28. Extent of easements. —With respect to the extent of easements and the mode of their 
enjoyment, the following provisions shall take effect:  
Easement of necessity. An easement of necessity is co -extensive with the necessity as it 
existed when the easement was imposed.  
Other easements. The extent of any other easement  and the mode of its enjoyment must be 
fixed with reference to the probable intention of the parties and the purpose for which the right was 
imposed or acquired.  
In the absence of evidence as to such intention and purpose___  
Right of way.  
(a)  a right of way of any one kind does not include a right of way of any other kind:  
Right to light or air acquired by grant.  
(b)  the extent of a right to the passage of light or air to a certain window, door or 
other opening, imposed by a testamentary or n on-testamentary instrument, is 
the quantity of light or air that entered the opening at the time the testator died 
or the non-testamentary instrument was made:  
Prescriptive right to light or air.  
(c)  the extent of a prescriptive right to the passage of light or air to a certain 
window, door or other opening is that quantity of light or air which has been 
 
Page 18 of 27 
 
accustomed to enter that opening during the whole of the prescriptive period 
irrespectively of the purposes for which it has been used:  
Prescriptive right to pollute air or water.  
(d)  the extent of a prescriptive right to pollute air or water is the extent of the 
pollution at the commencement of the period of user on completion of which 
the right arose: and  
Other prescriptive rights.  
(e)  the extent of every other prescriptive right and the mode of its enjoyment must 
be determined by the accustomed user of the right.  
29. Increase of easement. —The dominant owner cannot, by merely altering or adding to the 
dominant heritage, substantially increase an easement.  
Where an easement has been granted or bequeathed so that its extent shall be proportionate to 
the extent of the dominant heritage, if the dominant heritage is increased by alluvion, the easement is 
proportionately increased, and, if the dominant  heritage is diminished by diluvion, the easement is 
proportionately diminished.  
Save as aforesaid, no easement is affected by any change in the extent of the dominant or the 
servient heritage.  
Illustrations 
(a)  A, the owner of a mill, has acquired a prescriptive right to divert to his mill part 
of the water of a stream. A alters the machinery of his mill. He cannot thereby 
increase his right to divert water.  
(b)  A has acquired an easement to pollute a stream by carrying on a manufacture 
on its banks by which a certain quantity of foul matter is discharged into it. A 
extends his works and thereby increases the quantity discharged. He is 
responsible to the lower riparian owners for injury done by such increase.  
(c)  A, as the owner of a farm, has a right to take, for the purpose of manuring his 
farm, leaves which have fallen from the trees on B’s land. A buys a field and 
unites it to his farm. A is not thereby entitled to take leaves to manure this field.  
30. Partition of dominant heritage. —Where a dominant heritage is divided between two or 
more persons, the easement becomes annexed to each of the shares, but not so as to increase 
substantially the burden on the servient heritage: Provided that such annexation is consistent with the 
terms of the instrument, decree or revenue -proceeding (if any) under which the division was made, 
and, in the case of prescriptive rights, with the user during the prescriptive period.  
Illustrations 
(a)  A house to which a right of way b y a particular path is annexed is divided into 
two parts, one of which is granted to A, the other to B. Each is entitled, in respect 
of his part, to a right of way by the same path.  
 
Page 19 of 27 
 
(b)  A house to which is annexed the right of drawing water from a well to the extent 
of fifty buckets a day is divided into two distinct heritages, one of which is 
granted to A, the other to B. A and B are each entitled, in respect of his heritage, 
to draw from the well fifty buckets a day; but the amount drawn by both must 
not exceed fifty buckets a day.  
(c)  A, having in respect of his house an easement of light, divides the house into 
three distinct heritages. Each of these continues to have the right to have its 
windows unobstructed.  
31. Obstruction in case of excessive user. —In the case of excessive user of an easement the 
servient owner may, without prejudice to any other remedies to which he may be entitled, obstruct the 
user, but only on the servient heritage: Provided that such us er cannot be obstructed when the 
obstruction would interfere with the lawful enjoyment of the easement.  
Illustration 
A, having a right to the free passage over B’s land of light to four windows, six feet by four, 
increases their size and number. It is impossible to obstruct the passage of l ight to the new windows 
without also obstructing the passage of light to the ancient windows. B cannot obstruct the excessive 
user.  
CHAPTER IV 
 
THE DISTURBANCE OF EASEMENTS 
32. Right to enjoyment without disturbance. —The owner or occupier of the dominant  
heritage is entitled to enjoy the easement without disturbance by any other person.  
Illustration 
A, as owner of a house, has a right of way over B’s land. C unlawfully enters on B’s land, and 
obstructs A in his right of way. A may sue C for compensation, not for the entry, but for the obstruction.  
33. Suit for disturbance of easement. —The owner of any interest in the dominant heritage, 
or the occupier of such heritage, may institute a suit for compensation for the disturbance of the 
easement or of any right accessory thereto; provided that the disturbance has actually caused 
substantial damage to the plaintiff.  
Explanation I. —The doing of any act likely to injure the plaintiff by affectin g the evidence of 
the easement, or by materially diminishing the value of the dominant heritage, is substantial “damage 
within the meaning of this section and section 34.  
Explanation II. —Where the easement disturbed is a right to the free passage of li ght passing 
to the openings in a house, no damage is substantial within the meaning of this section unless it falls 
within the first Explanation, or in terferes materially with the physical comfort of the plaintiff, or 
prevents him from carrying on his accustomed business in the dominant heritage as beneficially as he 
had done previous to instituting the suit.  
Explanation III. —Where the easement disturb ed is a right to the free passage of air to the 
openings in a house, damage is substantial within the meaning of this section if it interferes materially 
with the physical comfort of the plaintiff, though it is not injurious to his health.  
 
Page 20 of 27 
 
Illustrations 
(a)  A places a permanent obstruction in a path over which B, as tenant of C’s house, 
has a right of way. This is substantial damage to C, for it may affect the evidence 
of his reversionary right to the easement.  
(b)  A, as owner of a house, has a right to walk along one side of B’s house. B builds 
a verandah overhanging the way about ten feet from the ground, and so as not 
to occasion any Inconvenience to foot -passengers using the way. This is not 
substantial damage to A.  
34. When cause of action arises for removal of support. —The removal of the means of 
support to which a dominant owner is entitled does not give rise to a right to recover compensation 
unless and until substantial damage is actually sustained.  
35. Injunction to restrain disturbance. —Subject to the provisions of the Specific Relief Act,  
1877 (I of 1877), sections 52 to 57 (both inclusive), an injunction may be granted to restrain 
the disturbance of an easement–  
(a)  if the easement is actually disturbed –when compensation for such disturbance 
might be recovered under this Chapter:  
(b)  if the disturbanc e is only threatened or intended –when the act threatened or 
intended must necessarily, if performed, disturb the easement.  
36. Abatement of obstruction of easement. —Notwithstanding the provisions of section 24, 
the dominant owner cannot himself abate a wrongful obstruction of an easement.  
CHAPTER V 
 
THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS 
37. Extinction by dissolution of right of servient owner. —When, from a cause which 
preceded the imposition of an easement, the person by whom it was imposed ceases to have any right 
in the servient heritage, the easement is extinguished.  
Exception.-Nothing in this section applies to an easement lawfully imposed by a mortgagor in 
accordance with section 10.  
Illustrations 
(a)  A transfers l[Ulipur] to B on condition that he does not marry C. B imposes an 
easement on l[U1ipur]. Then B marries C. B’s interest in l[Ulipur] ends, and 
with it the easement is extinguished.  
(b)  A, in 1860 let l[Ulipur] to B for thirty years from the date of the lease. B, in 
1861, imposes an easement on the land in favour of C, who enjoys the easement 
peaceably and openly as an easement without interruption for twenty-nine years. 
B’s interest 1[Ulipur] then ends, and with it C’s easement.  
1Subs. by the Central Laws (Statute Reform) Ordinance No. XXI of 1960, s. 3 and 2nd Sch.  
 
Page 21 of 27 
 
(c)  A and B, tenants of C, have permanent transferable interests in their respective 
holdings. A imposes on his holding an easement to draw water from a tank for 
the purpose of irrigating B’s land. B enjoys the easement for twenty years. Then 
A’s rent falls int o arrear and his interest is sold. B’s easement is extinguished.  
(d)  A mortgages l[Ulipur] to B, and lawfully imposes an easement on the land in 
favour of C in accordance with the provisions of section 10. The land is sold to 
D in satisfaction of the m ortgage-debt. The easement is not thereby 
extinguished.  
38. Extinction by release. —An easement is extinguished when the dominant owner releases 
it, expressly or impliedly, to the servient owner.  
Such release can be made only in the circumstances and to the extent in and to which 
the dominant owner can alienate the dominant heritage.  
An easement may be released as to part only of the servient heritage.  
Explanation I. —An easement is impliedly released—  
(a) where the dominant owner expressly authorizes an act of a permanent nature to 
be done on the servient heritage, the necessary conse quence of which is to 
prevent his future enjoyment of the easement, and such act is done in pursuance 
of such authority;  
(b)  where any permanent alteration is made in the dominant heritage of such a 
nature as to show that the dominant owner intended to c ease to enjoy the 
easement in future.  
Explanation II. —Mere non-user of an easement is not an implied release within the meaning 
of this section.  
Illustrations 
(a) A, B and C are co -owners of a house to which an easement is annexed. A, 
without the consent of B and C, releases the easement. This release is effectual 
only as against A and his legal representative.  
(b) A grants B an easement over A’s land for the beneficial enjoyment of his house. 
B assigns the house to C. B then purports to release the easement. The release 
is ineffectual.  
(c)  A, having the right to discharge his eavesdroppings  into B’s yard, expressly 
authorizes B to build over this ya rd to a height which will inter fere with the 
discharge. B builds accordingly. A’s easement is extinguished to the extent of 
the interference.  
 
1Subs. by the Central Laws (Statute Reform) Ordinance No. XXI of 1960), s. 3 and 2nd Sch. 
 
Page 22 of 27 
 
 (d)  A, having an easement of light to a window, builds up that window with bricks 
and mortar so as to manifest an intention to abandon the easement permanently. 
The easement is impliedly released.  
(e)  A, having a projecting roof by means of which he enjoys an easement to 
discharge eavesdropping on B’s land, permanently alters the roof so as to direct 
the rain -water into a different channel and discharge it on C’s land. The 
easement is impliedly released.  
39. Extinction by revocation. —An easement is extinguished when the servient owner, in 
exercise of a power reserved in this behalf, revokes the easement.  
40. Extinction on expiration of limited period or happening of dissolving condition. —An 
easement is extinguished where it has been imposed for a limited period, or acquired on condition that 
it shall become void on the performance or non -performance of a specified act, and the period expires 
or the condition is fulfilled.  
41. Extinction on termination of necessity. —An easement of necessity is extinguished when 
the necessity comes to an end.  
Illustration 
A grants B a field inaccessible except by passing over A’s adjoining land. B afterwards 
purchases a part of that land over which he can pass to his field. The right of way over A’s land which 
B had acquired is extinguished.  
42. Extinction of useless easement. —An easement is extinguished when it becomes 
incapable of being at any time and under any circumstances beneficial to the dominant owner.  
43. Extinction by permanent change in dominant heritage. —Where, by any permanent 
change in the dominant heritage, the burden on the servient heritage is materially increased and cannot 
be reduced by the servient owner without interfering with the lawful enj oyment of the easement, the 
easement is extinguished, unless-  
(a)  it was intended for the beneficial enjoyment of the dominant heritage, to 
whatever extent the easement should be used; or  
(b)  the injury caused to the servient owner by the change is so slight that no 
reasonable person would complain of it ; or  
(c)  the easement is an easement of necessity.  
Nothing in this section shall be deemed to apply to an easement entitling the dominant owner 
to support of the dominant heritage.  
44. Extinction on permanent alteration of servient heritage by superior force. —An 
easement is extinguished where the servien t heritage is by superior force so permanently altered that 
the dominant owner can no longer enjoy such easement:  
Provided that, where a way of necessity is destroyed by superior force, the dominant owner has 
a right to another way over the servient heritage; and the provisions of section 14 apply to such way.  
 
Page 23 of 27 
 
Illustrations 
(a)  A grants to B, as the owner of a certain house, a right to fish in a river running 
through A’s land. The river changes its course permanently and runs through 
C’s land. B’s easement is extinguished.  
(b)  Access to a path over which A has a right of way is permanently cut off by an 
earthquake. A’s right is extinguished.  
45. Extinction by destruction of either heritage. —An easement is extinguished when either 
the dominant or the servient heritage is completely destroyed.  
Illustration 
A has a right of way over a road running along the foot of a sea-clilf. The road is washed away 
by a permanent encroachment of the sea. A’s easement is extinguished.  
46. Extinction by unity of ownership. —An easement is extinguished when the same person 
becomes entitled to the absolute ownership of the whole of the dominant and servient heritages.  
Illustrations 
(a)  A, as the owner of a house, has a right of way over B’s field. A mortgages his 
house and B mortgages his field to C. Then C forecloses both mortgages and 
becomes thereby absolute owner of both house and field. The right of way is 
extinguished.  
(b)  The dominant owner acquires only part of the servient heritage: the easement is 
not extinguished, except in the case illustrated in section 4l.  
(c)  The servient owner acquires the dominant heritage in connection with a third 
person: the easement is not extinguished.  
(d)  The separate owners of two separate dominant heritages jointly acquire the 
heritage which is servient to the two separate heritages: the easements are not 
extinguished.  
(e)  The joint owners of the dominant heritage jointly acquire the servient heritage: 
the easement is extinguished.  
(f)  A single right of way exists over two servient heritages for the beneficial 
enjoyment of a single dominant heritage. The dominant owner acquires one only 
of the servient heritages. The easement is not extinguished.  
(g)  A has a right of way over B’s road. B dedicates the road to the public. A’s right 
of way is not extinguished.  
47. Extinction by non -enjoyment. —A continuous easement is extinguished when it totally 
ceases to be enjoyed as such for an unbroken period of twenty years.  
A discontinuous easement is extinguished when, for a like period, it has not been enjoyed as 
such.  
 
Page 24 of 27 
 
Such period shall be reckoned, in the case of a continuous easement, from the day on which its 
enjoyment was obstructed by the servient owner, or rendered impossible by the dominant owner; and, 
in the case of a discontinuous easement, from the day on which  it was last enjoyed by any person as 
dominant owner:  
Provided that if, in the case of a discontinuous easement, the dominant owner, within such 
period, registers, under the l[Registration Act, 1908( XVI of 1908 )], a declaration of his intention to 
retain such easement, it shall not be e xtinguished until a period of twenty years has elapsed from the 
date of the registration.  
Where an easement can be legally enjoyed only at a certain place, or at certain times or between 
certain hours, or for a particular p urpose, its enjoyment during the said period at another place, or at 
other times, or between other hours, or for another purpose, does not prevent its extinction under this 
section.  
The circumstance that, during the said period, no one was in possession of the servient heritage, 
or that the easement could not be enjoyed, or that a right accessory thereto was enjoyed, or that the 
dominant owner was not aware of its existence, or that he enjoyed it in ignorance of his right to do so, 
does not prevent its extinction under this section.  
An easement is not extinguished under this section–  
(a)  where the cessation is in pursuance of a contract between the dominant and 
servient owners;  
(b)  where the dominant heritage is held in co-ownership, and one of the co-owners 
enjoys the easement within the said period, or  
(c)  where the easement is a necessary easement.  
Where several heritages are respectively subject to rights of way for the benefit of a single 
heritage, and the ways are continuous, such rights shall, for the purposes of this section, be deemed to 
be a single easement.  
Illustration 
A has, as annexed to his house, rights of way from the high road thither over the heritages X 
and Z and the intervening heritage Y. Before the twenty years expire, A exercises his right of way over 
X. His rights of way over Y and Z are not extinguished.  
48. Extinction of accessory rights. —When an easement is extinguished, the rights (if any) 
accessory thereto are also extinguished.  
Illustration 
A has an easement to draw water from B’s well. As accessory thereto he has a right of way 
over B’s land to and from the well. The easement to draw water is extinguished under section 47. The 
right of way is also extinguished.  
 
1Subs. by the Federal Laws (Revision and Declaration) Ordinance No. XXVII of 1981, s. 3 and 2nd Sch. 
 
Page 25 of 27 
 
49. Suspension of easement. —An easement is suspended when the dominant owner becomes 
entitled to possession of the servient heritage for a limited interest therein, or when the servient owner 
becomes entitled to possession of the dominant heritage for a limited interest therein.  
50. Servient owner not entitled to require conti nuance. —The servient owner has no right 
to require that an easement be continued; and, notwithstanding the provisions of section 26, he is not 
entitled to compensation for damage caused to the servient heritage in consequence of the 
extinguishment or suspension of the easement, if the dominant owner has given to the servient owner 
such notice as will enable him, without unreasonable expense, to protect the servient heritage from 
such damage.  
Compensation for damage caused by extinguished or suspension. Where such notice has 
not been given, the servient owner is entitled to compensation for damage caused to the servient 
heritage in consequence of such extinguishment or suspension.  
Illustration 
A, in exercise of an easement, diverts to his canal the water of B’s stream. The diversion 
continues for many years, and during that time the bed of the stream partly fills up. A then abandons 
his easement, and restores the stream to its ancient course. B’s land is consequently flooded B sues A 
for compensation for the damage caused by the flooding. It is proved that A gave B a month’s notice 
of his intention to abandon the easement, an d that such notice was sufficient to enable B, without 
unreasonable expense, to have prevented the damage. The suit must be dismissed.  
51. Revival of easement. —An easement extinguished under section 45 revives ( a) when the 
destroyed heritage is, before twenty years have expired, restored by the deposit of alluvion; ( b) when 
the destroyed heritage is a servient building and before twenty years have ex pired such building is 
rebuilt upon the same site; and ( c) when the destroyed heritage is a dominant building and before 
twenty years have expired such building is rebuilt upon the same site and in such a manner as not to 
impose a greater burden on the servient heritage.  
An easement extinguished under section 46 revives when the grant or bequest by which the 
unity of ownership was produced is set aside by the decree of a competent Court. A necessary easement 
extinguished under the same section revives when the unity of ownership ceases from any other cause.  
A suspended easement revives if the cause of suspension is removed before the right is 
extinguished under section 47.  
Illustration 
A, as the absolute owner of field Y, has a right of way thither over B’s field Z. A obtains from 
B  
a lease of Z for twenty years. The easement is suspended so long as A remains lessee of Z. But 
when A assigns the lease to C, or surrenders it to B, the right of way revives.  
CHAPTER VI  
 
LICENSES 
52. “License” defined. —Where one person grants to another, or to a definite number of other 
persons, a right to do, or continue to do, in or upon the immoveable property of the grantor, something 
 
Page 26 of 27 
 
which would, in the absence of such right, be unlawful, and such right does not amount to an easement 
or an interest in the property, the right is called a license.  
53. Who may grant license. —A license may be granted by anyone in the circumstances and 
to the extent in and to which he may transfer his interests in the property affected by the license.  
54. Grant may be express or implied. —The grant of a license may be express or implied 
from the conduct of the grantor, and an agreement which purports to create an easement, but is 
ineffectual for that purpose, may operate to create a license.  
55. Accessory licenses annexed by law. —All licenses necessary for the enjoyment of any 
interest, or the exercise of any right, are implied in the constitution of such interest or right. Such 
licenses are called accessory licenses.  
Illustration 
A sells the trees growin g on his land to B. B is entitled to go on the land and take away the 
trees.  
56. License when transferable. —Unless a different intention is expressed or necessarily 
implied, a license to attend a place of public entertainment may be transferred by the li censee; but, 
save as aforesaid, a license cannot be transferred by the licensee or exercised by his servants or agents.  
Illustrations 
(a)  A grants B a right to walk over A’s field whenever he pleases. The right is not 
annexed to any immoveable property of B. The right cannot be transferred.  
(b)  The Government grant B a license to erect and use temporary grain sheds on 
Government land. In the absence of express provisions to the contrary, B’s 
servants may enter on the land for the purpose of erecting sheds, erect the same, 
deposit grain therein and remove grain therefrom.  
57. Grantor’s duty to disclose defects. —The grantor of a license is bound to disclose to the 
licensee any defect in the property affected by the license, likely to be to be dangerous to the person 
or property of the licensee, of which the grantor is, and the licensee is not, aware.  
58. Grantor’s duty not to render property unsafe. —The grantor of a license is bound not 
to do anything likely to render the property affected by the license dangerous to the person or property 
of the licensee.  
59. Grantor’s transferee not bound by license. —When the grantor of the license transfers 
the property affected thereby, the transferee is not as such bound by the license.  
60. License when revocable. —A license may be revoked by the grantor, unless– (a) it is 
coupled with a transfer of property and such transfer is in force:  
(b)  the licensee, acting upon the license, has executed a work of a permanent 
character and incurred expenses in the execution.  
  
 
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61. Revocation express or implied. —The revocation of a license may be express or implied.  
Illustrations 
(a)  A, the owner of a field, grants a license to B to use a path across it. A, with 
intent to revoke the license, locks a gate across the path. The license is revoked.  
(b)  A, the owner of a field, grants a license to B to stack hay on the field. A lets or 
sells the field to C. The license is revoked.  
62. License when deemed revoked. —A license is deemed to be revoked–  
(a)  when, from a cause preceding the grant of it, the grantor cease s to have any 
interest in the property affected by the license:  
(b)  when the licensee releases it, expressly or impliedly, to the grantor or his 
representative:  
(c)  where it has been granted for a limited period, or acquired on condition that it 
shall become void on the performance or non -performance of a specified act, 
and the period expires or the condition is fulfilled:  
(d)  where the property affected by the license is destroyed or by superior force so 
permanently altered that the licensee can no longer exercise his right:  
(e)  where the licensee becomes entitled to the absolute ownership of the property 
affected by the license:  
(f)  where the license is granted for a specified purpose and the purpose is attained, 
or abandoned, or becomes impracticable:  
(g)  where the license is granted to the licensee as holding a particular office, 
employment or character, and such of office employment or character ceases to 
exists:  
(h)  where the license totally ceases to be used as such for an unbroken period of 
twenty years, and such cessation is not in pursuance of a contract between the 
grantor and the licensee:  
(i)  in the case of an accessory license, when the interest or right to which it is 
accessory ceases to exist.  
63. Licensee’s rights on revocation. —Where a license is revoked, the licensee is entitled to 
a reasonable time to leave the property affected thereby and to remove any goods which be has been 
allowed to place on such property.  
64. Licensee’s rights on eviction. —Where a license has been granted for a consideration, and 
the licensee, without any fault of his own, is evicted by the i grantor before he has fully enjoyed, under 
the license, the right for which he contracted, he is entitled to recover compensation from the grantor. 
_________________ 
  RI - Date: 13-05-2024