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Results of easement

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SUPREME COURT OF INDIA

Year of decision: 2009
Details

Easement Act, 1882, Section 52, Transfer of Property Act, 1882, Section 105 -- Lease or licence - Test to determine - (1) To ascertain whether a document creates a licence or lease, the substance of the document must be preferred to the form; (2) the real test is the intention of the parties - whether they intended to create a lease or a licence; (3) if the document..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Easement Act, 1882, Section 52, Transfer of Property Act, 1882, Section 105 -- Lease or licence - Test to determine - Use of terms 'lease' or 'licence', 'lessor' or 'licencor', 'rent' or 'licence fee' by themselves are not decisive - Conduct and intention of the parties before and after the creation of relationship is relevant to find out the intention...........

UTTARAKHAND HIGH COURT

Year of decision: 2009
Details

Easement Act, 1882, Section 15 -- Right of easement - Right of way or any other easement can be acquired by way of prescription provided the land of the servient owner has been used peacefully, openly, as of right, without interruption, for 20 years, by the dominant owner...........

UTTARAKHAND HIGH COURT

Year of decision: 2009
Details

Easement Act, 1882, Section 15 -- Right of easement - Claim for easementary right for passage and simultaneously stating that a sewer line is laid in the disputed land of the defendants - Using the land as Rasta land openly, peacefully and without interruption as of right for 20 years can be acquired by way of prescription but under the garb of such right laying sewer line..........

UTTARAKHAND HIGH COURT

Year of decision: 2009
Details

Easement Act, 1882, Section 15 -- Right of easement - No easementary right accrues to lay sewer line on the land of another person and discharge sewer water through it - No permanent construction made by plaintiff over the land of another person can be indirectly declared lawful under the garb of easementary right of passage...........

MADHYA PRADESH HIGH COURT

Year of decision: 2009
Details

Common wall -- Term 'party wall' may be used in four different senses, as meaning (1) a wall of which two adjoining owners are tenants in common; (2) a wall divided vertically into two strips one belonging to each of the adjoining owners; (3) a wall which belongs entirely to one of the adjoining owners, but is subject to an easement or right in the other to have it..........

MADHYA PRADESH HIGH COURT

Year of decision: 2009
Details

Common wall -- Generally a party wall is a wall erected and standing on a line between two estates or tenements owned by different persons for the use in common of both estates or tenements, and each owner owns in severalty as much of the wall as stands on his own land, subject to the easement of the other owner of support for his building from the entire wall and of the..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Nomenclature in the document is not the governing factor - The essential feature that distinguishes a lease from licence is always a transfer of interest in the demised property in a transaction of lease while a licensee does not involve any such transfer of interest - Further..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Easement Act, 1882, Section 15, 4 -- Easementary right - Right to passage - Relief cannot be granted unless the servient owner is impleaded as a defendant - A right of easement can be declared only when the servient owner is a party to the suit - The pleadings necessary for establishing a right of passage is different from a right of drainage or right to support of a roof..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Easement Act, 1882, Section 52 -- Licence - Can be express or implied which can be inferred from the conduct of the grantor - Parties closely related being first cousins - All receipts of house and property taxes are with the plaintiff though money was paid by wife of defendant for depositing the said taxes - This fact shows that possession was permissive, in the nature of..........

Showing : 101-110 of 244 Results