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Showing posts with label easement by prescription. Show all posts
Showing posts with label easement by prescription. Show all posts
Friday, 17 April 2020

Whether a person can get easement by grant as well as easement by prescription simultaneously?

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An easement by grant is available to Madhavan Nair for access to his property which is on the eastern side of the plaint A schedule proper...
Sunday, 11 August 2019

Good legal article on valuation of easement by A.M. Ibrahim. FICA,

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https://drive.google.com/file/d/0B5vWGtQ14k1BRnFDVnRtMzFkVGF4UmRHa2t4eDVvZEQweEI0/view?usp=sharing
Sunday, 19 August 2018

Whether a person can acquire easementary right over property which is owned by him?

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 With regard to the nature of occupation of the defendant and the finding that the license in his favour was irrevocable under Section 60 ...
Saturday, 11 March 2017

How to prove right of way by easement of prescription?

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A careful perusal of the plaint would show that the plaintiffs have failed to plead that since what date to which date plaintiffs are u...
Sunday, 27 November 2016

When easement by prescription to get water is not proved?

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Since, it emerged in the evidence led on record by the respective parties that water sources existed in khasra No.27 owned by the defe...
Sunday, 3 July 2016

How to prove right of easement?

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On considering the rival submissions and on close scrutiny of the evidence, it would reveal that the plaintiff did not adduce satisfacto...
Sunday, 5 July 2015

Whether right of way is acquired by passing through open plot?

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 I will now come to the right of way sought. In this connection, in the first place, I would like to remind myself that section 15 of ...

How to prove easement of right of way by prescription?

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Easements Act, 1882 - Section 15 -- Easementary right--Availability--Claim by plaintiff of Motorable access to her house through propert...
Saturday, 4 July 2015

How to acquire easement of prescription?

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 Now examining the right under Section 15 of the Act, it is clear that the following ingredients are required to be satisfied to claim r...

When court can grant right of way from boundary of field of another person?

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Equivalent Citation:  2011(5)ALLMR62, 2011(6)BomCR66, 2011(5)MhLj345 IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Second Appeal No. 55/...
Monday, 23 March 2015

Whether a person can acquire right to easement by prescription in a property by purchasing said property?

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 As regards the question of acquisition of easement by prescription within the meaning of Section 25 of the Limitation Act, 1963 the sectio...
Saturday, 10 May 2014

When easementary right by prescription can be acquired?

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Prescriptive right is founded on utility rather than on equity. In the above provisions of Section  15  of the Act period of 20 years is...

Easement by prescription and easement by necessity whether both can be acquired by plaintiff ?

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Learned   Counsel   for   the   appellant   referred   to   the  ruling   in   the   case   of  Manikrao   Narayanrao   Bhoge   and  Ot...
Sunday, 3 March 2013

Pleading necessary for claiming Easement by prescription

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A perusal of the plaint reveals that the plaintiff has not identified and described the suit access in the manner it was necessary. The ...
Sunday, 2 December 2012

What is duty of person claiming right of easement?

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 On considering the rival submissions and on close scrutiny of the evidence, it would reveal that the plaintiff did not adduce satisfactor...