Section 1. See now the Registration Act, 1908 (16 of 1908)

1. See now the Registration Act, 1908 (16 of 1908). An easement is not extinguished under this section— (a) where the cessation is in pursuance of a contract between the dominant and servient owners; (b) where the dominant heritage is held in co-ownership, and one of the co-owners enjoys the easement within the said period, or - (c) where the easement is a necessary easement. Where several heritages are respectively subject to rights of way for the benefit of a single heritage, and the ways are continuous, such rights shall, for the purposes of this section, be deemed to be a single easement. Illustration A has, as annexed to his house, rights of way from the high road thither over the heritages X and Z and the intervening heritage Y. Before the twenty years expire, A exercises his right of way over X. His rights of way over Y and Z are not extinguished. 1. Short title. —This Act may be called the Indian Easements Act, 1882. Local extent. —It extends[2] to the territories respectively administered by the Governor of Madras in Council and the Chief Commissioners of the Central Provinces and Coorg; Commencement. —and it shall come into force on the first day of July, 1882. STATE AMENDMENTS Karnataka Amendment of Central Act V of 1882. —In section 1 of the Indian Easements Act, 1882 (Central Act V of 1882) for the entry under the heading "Local extent", the following entry shall be substituted, namely:— "It extends to the whole of the State of Karnataka". [ Vide Karnataka Act 33 of 1978, s. 6]. 1. For Report of Select Committee, see Gazette of India, 1880, Pt. V, p. 1021: and for Proceedings in Council, see ibid. , 1881, Supplement, pp. 687 and 766; and ibid ., 1882, Supplement, p. 172. 1. See now the Land Acquisition Act, 1894 (1 of 1894). 2. Subs. by Act 12 of 1891, s. 2 and the Second Schedule, for "right" 3. Subs. by the A.O. 1950, for "Crown". 4. Subs. by Act 36 of 1963, s. 28, for "sixty years" (w.e.f. 1-1-1964). Illustrations (a) A suit is brought in 1883 for obstructing a right of way. The defendant admits the obstruction, but denies the right of way. The plaintiff proves that the right was peaceably and openly enjoyed by him, claiming title thereto as an easement and as of right, without interruption, from 1st January, 1862, to 1st January, 1882. The plaintiff is entitled to judgment. (b) In a like suit the plaintiff shows that the right was peaceably and openly enjoyed by him for twenty years. The defendant proves that for a year of that time the plaintiff was entitled to possession of the servient heritage as lessee thereof and enjoyed the right as such lessee. The suit shall be dismissed, for the right of way has not been enjoyed "as an easement" for twenty years. (c) In a like suit the plaintiff shows that the right was peaceably and openly enjoyed by him for twenty years. The defendant proves that the plaintiff on one occasion during the twenty years had admitted that the user was not of right and asked his leave to enjoyed the right. The suit shall be dismissed, for the right of way has not been enjoyed "as of right" for twenty years. 1. Ref. by Act 47 of 1963, s. 44 (w.e.f. 1-3-1964). Illustrations (a) A, B and C are co-owners of a house to which an easement is annexed. A, without the consent of B and C, releases the easement. This release is effectual only as against A and his legal representative. (b) A grants B an easement over A's land for the beneficial enjoyment of his house. B assigns the house to C. B then purports to release the easement. The release is ineffectual. (c) A, having the right to discharge his eavesdroppings into B's yard, expressly authorises B to build over this yard to a height which will interfere with the discharge. B builds accordingly. A's easement is extinguished to the extent of the interference. (d) A, having an easement of light to a window, builds up that window with bricks and mortar so as to manifest an intention to abandon the easement permanently. The easement is impliedly released. (e) A, having a projecting roof by means of which he enjoys an easement to discharge eavesdroppings on B's land, permanently alters the roof so as to direct the rain-water into a different channel and discharge it on C's land. The easement is impliedly released.