Indian Easements Act, 1882
7. Easements restrictive of certain rights
Easements are restrictions of one or other of the following
rights (namely):-
(a) Exclusive right to enjoy -The
exclusive right of every owner of immovable property (subject to any law for
the time being in force) to enjoy and dispose of the same and all products
there of and accessions thereto.
(b ) Rights to advantages
arising from situation -The right of every owner of immovable
property (subject to any law for the time being in force) to enjoy without
disturbance by another the natural advantages arising from its situation.
Illustrations of the rights above referred to
(a) The exclusive right of every owner of land in a town to
build on such land, subject to any municipal law for the time being in force.
(b) The right of every owner of land that the air passing
thereto shall not be unreasonable polluted by other persons.
(c) The right of every owner of a house that his physical
comfort shall not be interfered with materially and unreasonably by noise or
vibration caused by any other person.
(d) The right of every owner of land to so much light and air as
pass vertically thereto.
(e) The right of every owner of land that such land, in its
natural condition, shall have the support naturally rendered by the subjacent
and adjacent soil of another person.
Explanation: Land is in its natural conditions when it is
not excavated and not subjected to artificial pressure, and the "subjacent
and adjacent soil" mentioned in this illustration means such soil only as
in its natural condition would support the dominant heritage in its natural
condition.
(f) The right of every owner of land that, within his own
limits, the water which naturally passes or percolates by, over or through his
land shall not, before so passing or percolating, be unreasonably polluted by
other persons.
(g) The right of every owner of land to collect and dispose
within his own limits of all water under the land which does not pass in a
defined channel and all water on its surface which does not pass in a defined
channel.
(h) The right of every owner of land that the water of every
natural stream which passes by, through or over his land in a defined natural
channel shall be allowed by other persons to flow within such owner's limits
without interruption and without material alteration in quantity, direction,
force or temperature; the right of every owner of land abutting on a natural
lake or pond into or out of which a natural stream flows, that the water of
such lake or pond shall be allowed by other persons to remain within such
owner's limits without material alteration in quantity or temperature.
(i) The right of every owner of upper land that water naturally
rising in, or falling on such land, and not passing in defined channels, shall
be allowed by the owner of adjacent lower land to run naturally thereto.
(j) The right of every owner of land abutting on a natural
stream, lake or pond to use and consume its water for drinking, household
purposes and watering his cattle and sheep, and the right of every such owner
to use and consume the water for irrigating such land, and for the purposes of
any manufactory situate thereon, provided that he does not thereby cause
material injury to other like owners.
Explanation : A natural stream is a stream, whether
permanent or intermittent, tidal or tideless, on the surface of land or underground,
which flows by the operation of nature only and in a natural and known course.