Indian Easements Act, 1882
Section - 28 - Extent of easements
Extent of easements
28. 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:-
| (a) | - | Right of way-A right of way of any one kind does not include a right of way of any other kind; |
| (b) | - | Right to light or air acquired by grant-The extent of a right to the passage of light or air to 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; |
| (c) | - | Prescriptive right to light or air-Th .... To read the full section download the app from Google Play store
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