LawgistThe Indian Easements Act
19Transfer of dominant heritage passes easement
Where the dominant heritage is transferred or devolves, by act of parties or by operation of law, the transfer or devolution shall, unless a contrary intention appears, be deemed to pass the easement to the person in whose favour the transfer or devolution takes place.
Illustration
A has certain land to which a right of way is annexed. A lets the land to B for twenty years. The right of way vests in B and his legal representative so long as the lease continues.
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THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS
- 8 Who may impose easements
- 9 Servient owners
- 10 Lessor and mortgagor
- 11 Lessee
- 12 Who may acquire easements
- 13 Easements of necessity and quasi easements
- 14 Direction of way of necessity
- 15 Acquisition by prescription
- 16 Exclusion in favour of reversioner of servient heritage
- 17 Rights which cannot be acquired by prescription
- 18 Customary easements
- 19 Transfer of dominant heritage passes easement
