The Easements (Extending Act 5 of 1882), 1891
The Easements (Extending Act 5 of 1882), 1891
Overview:
The Easements (Extending Act 5 of 1882), 1891 is an Indian legislative act enacted to extend the provisions of the Easements Act, 1882 to certain territories or regions where the original Act was not applicable. The Easements Act, 1882, primarily deals with the rights related to easements — the rights enjoyed by one property owner over the property of another, such as rights of way, water rights, or other access rights.
The 1891 Act serves to broaden the territorial application of the 1882 Act to cover additional areas, thereby standardizing the law relating to easements across more regions in British India.
Purpose:
To extend the application of the Easements Act, 1882, to territories where it was previously not in force.
To ensure uniformity of law relating to easements across wider parts of British India.
To facilitate consistent legal principles regarding easements for landowners and users.
Key Provisions:
Extension of Law:
The Act declares that the Easements Act, 1882, shall apply to additional territories specified by the government.
Uniformity:
Ensures that laws regarding easements are consistent, reducing legal confusion in regions newly covered.
Rights and Obligations:
The rights (such as right of way, water, support, etc.) and obligations regarding easements as defined in the 1882 Act become enforceable in these extended territories.
Government Notifications:
The government is empowered to notify which territories the Easements Act will apply to under this extension.
Importance:
Provides legal clarity and uniformity about easements across a broader area.
Protects the rights of landowners and users by ensuring recognized easement rights.
Facilitates easier legal recourse in case of disputes involving easements in the extended regions.
Summary Table: The Easements (Extending Act 5 of 1882), 1891
| Aspect | Details |
|---|---|
| Year of Enactment | 1891 |
| Purpose | To extend the Easements Act, 1882 to additional territories |
| Main Law Extended | Easements Act, 1882 |
| Territorial Extension | Applies to territories notified by the government |
| Key Features | Uniform application of easement laws, recognition of rights and obligations |
| Significance | Legal uniformity regarding easements in extended regions |
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