What you understand about Easements for limited time or on condition?

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An easement may be 0permanent, or for a term of years of other limited period, or subject to periodical interruption, or exercisable only at a certain place, or at certain times, or between certain hours, or for a particular purpose, or on condition that it shall commence or become void or voidable on the happening of a specified event or the performance or non-performance of a specified act.
Comments
Limitations on easements: Section 6 sets out the limitations of time and conditions that may be imposed on easements:
(A) Limitations as to time:
(i) Easement may be permanent;
(ii) Easement may be limited—
(a) for a term of years, or
(b) for other limited period;
(iii) Easement may be subject to periodical interruption;
(iv) Easement may be exercisable—
(a) at a certain time;
(b) between certain hours.
(B) Limitation by conditions:
(i) Easements may be exercisable only- -
(a) at a certain place;
(b) for a particular purpose;
(ii) Easement may be exercisable only - -
(a) at a certain place;
(b) for a particular purpose;
(iii) Easement may be on condition that it shall commence or become void or voidable- -
(a) on the happening of a specified event, or
(b) on the performance or non-performance of a specified act.
There is nothing in section 6 of the easements act which excludes rights acquired by prescription from being limited to a particular place, occasion, season or purpose. In practice, however, the majority of cases of limited easements acquired by prescription are limited to a purpose or occasion or season. Thus a right-of-way for scavengers or for agricultural purposes illustrates easements limited to a purpose capable of being acquired by prescription. A right to take water for a second crop from a source of water during a particular season is an illustration of an easements capable of being acquired by prescription limited to season. A right to perform religious ceremonies say on the day of the Holi festival is a right limited to a particular occasion. Similarly right of access only for purposes of repairs can only be periodical and the right of access must be limited to the necessary period and for specific purposes of repairs. [B]The principal embodied in section 6 of the easements act would make that clear. The principles of the act can be invoked as principles of justice, equity and good conscience, even though the act has no been applied to this Province. PLD 1952 Lah. 411.
Section is permissive: It is to be noticed that the language of section 6 is purely permissive and not mandatory and not mandatory and cannot, therefore, in any manner control or extend the language or effect of a subsequent or any other section 6 it is sometimes said that there could be a prescriptive easement limited in its duration to a term of years of life. Sec 15 of the statute which provides for the manner of prescription of an easement lays down clearly “the right to such……… easement shall be absolute” meaning that a right acquired under section 15 (or even under section 15 together with section 16) cannot be limited to a term of years or life or to be merely against the occupier and not against all persons connected with the land. AIR 1937 All. 428. Though the character of the enjoyment for the prescriptive period may impose restrictions as to place , occasion, season or purpose, it is not capable of imposing a restriction as to the duration or length of the easement right. Nor could it be said that the word ‘impose’ in section 8 and the subsequent sections of Chapter II enable a holder for a term of years or like to let be prescribed against himself an easement co-extensive in duration to his own limited interest, because the word ‘impose’ refers to the creation of an easement by grant from the serivent owner and matter either under Sec. 15 (with Sec. 16) or at common law. Under the estate in fee simple, because it is prescribed for not against the present servient incumbent but against the servient tenement, as such and not merely in favour of the present dominant incumbent but in favour of the dominant tenement as such. The consequence is that though there is nothing in section 6 itself to impose any restriction on a prescriptive easement, a prescriptive easement, whether prescribed for at common law that is immemorial user or under the easement act, must necessarily be perpetual if at all and not limited to a term of years of life. ILR 42 Mad. 567.

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