Indian Easements Act, 1882

Section - 18 - Customary easements

Customary easements

18. 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 an 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 windows 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.
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