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    6 (1) .4 The Disturbance of Easements

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    Varun Israni
    This document summarizes key sections of Chapter IV of the Indian Easements Act relating to the disturbance of easements. It discusses the right of the dominant owner to enjoy an easement without disturbance, the ability to sue for compensation for disturbance that causes substantial damage, when the cause of action arises for removal of support, when an injunction can be granted to restrain disturbance, and that the dominant owner cannot themselves abate an obstruction except as allowed under section 24.

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    6 (1) .4 The Disturbance of Easements

    Uploaded by

    Varun Israni
    871 views10 pages
    This document summarizes key sections of Chapter IV of the Indian Easements Act relating to the disturbance of easements. It discusses the right of the dominant owner to enjoy an easement without disturbance, the ability to sue for compensation for disturbance that causes substantial damage, when the cause of action arises for removal of support, when an injunction can be granted to restrain disturbance, and that the dominant owner cannot themselves abate an obstruction except as allowed under section 24.

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    6[1].4 the Disturbance of Easements

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    This document summarizes key sections of Chapter IV of the Indian Easements Act relating to the disturbance of easements. It discusses the right of the dominant owner to enjoy an easement without disturbance, the ability to sue for compensation for disturbance that causes substantial damage, when the cause of action arises for removal of support, when an injunction can be granted to restrain disturbance, and that the dominant owner cannot themselves abate an obstruction except as allowed under section 24.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    871 views10 pages

    6 (1) .4 The Disturbance of Easements

    Uploaded by

    Varun Israni
    This document summarizes key sections of Chapter IV of the Indian Easements Act relating to the disturbance of easements. It discusses the right of the dominant owner to enjoy an easement without disturbance, the ability to sue for compensation for disturbance that causes substantial damage, when the cause of action arises for removal of support, when an injunction can be granted to restrain disturbance, and that the dominant owner cannot themselves abate an obstruction except as allowed under section 24.

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    THE DISTURBANCE OF EASEMENTS

    B.A. LL.B (Hon) Semester V Dr. Krishna Pal Malik


    M.A., LL.M., DLP, GSET, Ph.D.

    Asst. Prof. in law, Institute of Law Nirma University, Ahmedabad

    Scheme of 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

    Right to enjoyment without disturbance


    According to section 32, 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.

    Suit for disturbance of easement


    According to section 33, 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 affecting 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.

    Explanations
    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.

    Illustrations
    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. 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.

    When cause of action arises for removal of support


    According to section 34, 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.

    Injunction to restrain disturbance


    According to section 35, Subject to the provisions of the Specific Relief Act, 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 intendedwhen the act threatened or intended must necessarily, if performed, disturb the easement.

    Abatement of obstruction of easement


    According to section 36, the dominant owner cannot himself abate a wrongful obstruction of an easement, except section 24.

    THANK YOU

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