Who may impose easements
An
easement may be imposed by anyone 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. (section 8 of EA 1882 )
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.
To whom suit may not
be instituted
No suit or proceeding
or prosecution shall lie against the government or any person for anything
which is in good faith done or intended to be done under this order or the
rules made thereunder (section 10 of Bangladesh resumption of easement lands
order 1972)
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Exclusion in favor of reversioner of servient
tenement
Where
any land or water 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 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 or water. (section 27 of Limitation Act)
For example: 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, a Hindu widow, 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 death 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.
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Extinguishment of right to property
At
the determination of the period hereby limited to any person for instituting
a suit for possession of any property, his right to such property shall be
extinguished. (section 28 of Limitation Act )
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Friday 13 June 2014
Who may impose easement
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