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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
Page 1 of 27
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
Page 2 of 27
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
Page 3 of 27
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
Page 4 of 27
THE EASEMENTS ACT, 1882
1
ACT 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.
1
This 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).
2
Omitted by A. O., 1949, Sch.
3
Subs. by A. O., 1961, Art. 2.
Page 5 of 27
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 heritage, 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 heritage 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 the 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.
Page 6 of 27
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 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 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.
Page 7 of 27
(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 allowed 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 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.
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.
Page 8 of 27
(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 of 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 beneficial 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.
Page 9 of 27
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 continuous 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 apparent 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
Page 10 of 27
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 the 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 necessary
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 Company
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.
1
Subs. by the Federal Laws (Revision and Declaration) Ordinance No. XXVII of 1981, s. 3 and 2nd Sch.
Page 11 of 27
(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 is 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 right of way over that
land suitable to the business to be carried on by B in the house and grounds.
14. Direction of way 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 section 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.
1
Subs. by the Amending Act No. XII of 1891.
Page 12 of 27
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 obstructing 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 January, 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 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.
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;
1
Subs. by A.O., 1961, Art 2.
Page 13 of 27
(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 14 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 by
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 eaves 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 15 of 27
24. Right to do acts to secure enjoyment. —The dominant owner is entitled1, 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.
1
But see s. 36, infra, as to abatement of obstruction of easement.
2
But see s. 50, infra, as to extinguishment or suspension of easement.
Page 16 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 non-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 17 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 by 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 18 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 light 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 light 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 interferes 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 disturbed 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 19 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 disturbance 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.
1
Subs. by the Central Laws (Statute Reform) Ordinance No. XXI of 1960, s. 3 and 2nd Sch.
Page 20 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 mortgage-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 consequence 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 cease 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 yard to a height which will interfere with the
discharge. B builds accordingly. A’s easement is extinguished to the extent of
the interference.
1
Subs. by the Central Laws (Statute Reform) Ordinance No. XXI of 1960), s. 3 and 2nd Sch.
Page 21 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 enjoyment 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 servient 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 22 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 23 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 extinguished 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 purpose, 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.
1
Subs. by the Federal Laws (Revision and Declaration) Ordinance No. XXVII of 1981, s. 3 and 2nd Sch.
Page 24 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 continuance. —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 25 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 growing 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 licensee; 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.
Page 26 of 27
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 ceases 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.
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RI - Date: 13-05-2024
Page 27 of 27
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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