PDA

View Full Version : Other rights which can be acquired as easements



vustudents
04-30-2012, 12:01 AM
(1)
(1) Right of privacy: It is sufficient to note that the law, as laid down categorically was to the effect that the invasion of privacy by opening windows is not treated as a wrong for which any remedy is given. The right of privacy based upon the custom of purdha can no longer be upheld as based upon a reasonable or salutary custom. 1970 Andh LT 125. According to the case of Hussain Ali v. Ahmad Bux, 1992 MLD 2000 (f) such right being a customary right had to be pleaded as such. Easement of privacy having not been pleaded in plaint, no relief with regard to such right could be granted to plaintiff. Plaint was absolutely silent whether such right was being claimed as prescriptive or customary right nor the plaint disclosed the bare minimum requirements on which such right was founded. Pleadings were also scant with regard to right of light and air in terms of provisions of easement act. No prima facie case having been disclosed by plaintiff, interim injunction was refused. 1995 CLC 1012.
(2) ‘Lagan’ right: This is a right to sit in worship on the ghat of a river. In the case of river. In the case of Brijmohanda v. Bhikaji, AIR 1931 All 207, the plaintiff claimed right to lagan to sit on the back part of the ghat when the front part was washed in monsoon on the ground that this right was reserved in the conveyance when the original owner of both parts sold the front part. The right so saved was held to be an easement and not merely in the nature of a right enunciated in Para 2 of section 40 of the transfer of property act.
(3) Passage of boats over waters belonging to other: The right of passage for boats in the rainy season over waters belonging to another is an easements commonly occurring in Bengal. ILR 7 Cal. 145.
(4) Discharging household water: The right to put a drain and discharge ordinary household water on the neighbour’s land is an easement that is often the subject of litigation in towns. AIR 1936 All. 90.
(5) Discharging latrine water: Such a right as in (4) above can extend to the discharge of latrine water. AIR 1935 Lah. 346.
(6) Right to use neighbour’s roof: Even the right to use neighbour’s roof for the Vaid’s patients to come and go has been allowed as an easement. 45 IC 586.
(7) Right to use another’s latrine: The right to use another’s latrine in the country is regarded as an easement. 1949 NLJ 91.
(8) Putting up scaffolding on neighbour’s land: The right of putting scaffolding on the neighbou’s open space to build or paint one’s wall also falls within the category of recognized easements. AIR 1926 Bom 328.
(9) Putting advertisement placards or illuminations: The right to store grain on another’s courtyard and to thresh them and otherwise use the courtyard can also be an easement. AIR 1947 Cal. 200.
(10) Storing and threshing grain: The right to store grain on another’s courtyard and to thresh them and otherwise use the courtyard can also be an easement. AIR 1930 All. 410.
(11) Stocking manure: To stock manure on another’s land can also bee a right of easement. AIR 1927 All. 115.
(12) Planting rice seedlings for transplantation: Even to go on another’s land, to plant rice seedlings there, let them grow and then carry them to one’s own field for the purposes of transplantation could be the subject-matter of an easements. ILR 23 Bom. 397.
(13) To graze cattle on waste land: The tenants of a Zamindar can possess the customary right of easement appurtenant to their holdings to graze their cattle on the waste land of the Zamindar. AIR 1953 Sau. 39.
(14) Using roof for drying clothes: A general right of easement to use a roof as a place for sitting or as a place for drying clothes or for other purposes of this nature can be acquired under the easements act. AIR 1918 Oudah 297.
(15) Use of land for sitting and sleeping: Where user of land for sitting and sleeping purposes is intended to be for more beneficial living and enjoyment of the adjoining house, it is not a personal right but an easement. AIR 1973 All 98.
(16) Easement of water-power: The easement of water-power is one which is well-known to the law in the country and is referred to in the easements act in various illustrations, such as illustration (i) to section 9. AIR 1936 All. 522.
(17) Right of passage: The transfer of open plot, would not include right of passage. For enforcement of such right the parties would be required to resort to the civil court. Such direction by settlement functionary to parties could not be taken exception to in constitutional jurisdiction of the high court. 1986 CLC 1344.