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Results of easement

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KERALA HIGH COURT

Year of decision: 2020
Details

Easements Act, 1882, Section 13 -- Easement - Easement of necessity is coextensive with land severed and would always run with land as an incident and would remain dormant whenever there is an alternative way and would come into play whenever an absolute necessity comes out...........

KERALA HIGH COURT

Year of decision: 2020
Details

Easements Act, 1882, Section 13, 15 -- Easement of necessity and easement by grant or prescription - Easement of necessity is not contemporaneous with that of an easement by grant or prescription - But would act as an alternative easement when absolute necessity comes out in the event of rejection of claim of prescriptive easement, easement by grant or easement by lost..........

KERALA HIGH COURT

Year of decision: 2020
Details

Easements Act, 1882, Section 13, 15 -- Easement of necessity and easement by grant or prescription - There cannot be a simultaneous granting of an easement of necessity along with easement or prescription or easement of grant - But that does not mean that easement of necessity cannot be raised along with an easement of prescription or easement of grant - When there is..........

KERALA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Suit for claiming prescriptive right over a way - For claiming prescriptive right of easement, servient heritage over which claim is raised should be specifically and separately scheduled in the plaint so as to grant a decree in accordance with mandate U.O.7.R.3 CPC...........

MADRAS HIGH COURT

Year of decision: 2020
Details

Easement Act, 1882, Section 15 -- Easement - Right of way - Plaintiffs though pleaded that they and other owners of properties were enjoying same, but absolutely failed to adduce any evidence and have failed to establish that they had enjoyed footpath peacefully with knowledge of servient owner for more than 20 years - Defendants on the other hand disproved the case of..........

KERALA HIGH COURT

Year of decision: 2020
Details

Easements Act, 1882, Section 15 -- Easement - Right of way - When party is in pursuit of acquiring prescriptive right, subsequent acquisition of title over the way under purchase will not alter right acquired by way of easement by prescription or inchoate right, unless there is an interruption as defined u/s 15 of the Act...........

KERALA HIGH COURT

Year of decision: 2020
Details

Easements Act, 1882, Section 15 -- Easement - Right of way - When some portion of property was lying as a way and set apart for using it as a way to a certain person, user of said way by some other person having adjoining property as means of access to their registered holding would always be construed a user `as of right' unless contrary is proved...........

KERALA HIGH COURT

Year of decision: 2020
Details

Easements Act, 1882, Section 15 -- Easement - Right of way - Expression `as of right' should be understood just opposite to a permissive user and stands for user in derogation of right of title holder with an open assertion to sue same as means of access for purpose of S.15 of the Act...........

GUJARAT HIGH COURT

Year of decision: 2020
Details

Easements Act, 1882, Section 15 -- Easement - Right of way - Dispute is only qua right of way to agricultural fields - Plaintiffs who are very poor persons and who are earning their livelihood by doing agricultural activities were restrained by State authorities on the ground of right of way - However, concurrent findings on record that plaintiff have right of way to go to..........

BOMBAY HIGH COURT

Year of decision: 2020
Details

Easements Act, 1882, Section 35 -- Easementary rights - Suit for mere injunction complaining of disturbance of easement without claiming relief of declaration is maintainable as prayer of declaration is implicit in prayer of injunction...........

Showing : 1-10 of 243 Results