Indian Easements Act, 1882
18. Customary easements
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 no owner or occupier of a house
can open a new window therein so as substantially to invade his neighbor’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.