vustudents
05-01-2012, 01:43 AM
What is mean of Lessee?
No lessee or other person having a derivative interest may impose on the property held by him as such an easement to take effect after the expiration of his own interest, or in derogation of the right of the lessor or the superior proprietor.
Comments
Imposition of easement by lessee: The provision of section 11 are in amplification of the provision of section 8. The section places two restrictions on the right of a lessee to create an easement over the leased land- -
(i) the easement cannot be imposed to operate after the expiry of the lease; and
(ii) the easement must not affect or interfere with the right of the lessor in the leased land even if the easement is confined to the period of the lease.
Imposition of easement by limited owner: This section further says that a person possessing limited interest may not create by grant an easement longer in duration than his own limited interest. But this section further provides that even when the easement created by the possessor of a limited estate is no longer in duration than his own limited estate, the possessor of the limited estate cannot derogate from the right of the superior proprietor.
No lessee or other person having a derivative interest may impose on the property held by him as such an easement to take effect after the expiration of his own interest, or in derogation of the right of the lessor or the superior proprietor.
Comments
Imposition of easement by lessee: The provision of section 11 are in amplification of the provision of section 8. The section places two restrictions on the right of a lessee to create an easement over the leased land- -
(i) the easement cannot be imposed to operate after the expiry of the lease; and
(ii) the easement must not affect or interfere with the right of the lessor in the leased land even if the easement is confined to the period of the lease.
Imposition of easement by limited owner: This section further says that a person possessing limited interest may not create by grant an easement longer in duration than his own limited interest. But this section further provides that even when the easement created by the possessor of a limited estate is no longer in duration than his own limited estate, the possessor of the limited estate cannot derogate from the right of the superior proprietor.