The Easements Act, 1882 codifies the law relating to easements, licences, and certain other rights concerning the use of land in Bangladesh. It applies to all immovable property within Bangladesh and governs the rights of landowners to use the land of another for specific purposes, such as rights of way, rights to water, rights to light and air, and rights of support. The Act defines an easement as a right which the owner or occupier of certain land (the dominant heritage) possesses for the beneficial enjoyment of that land, to do or continue to do something in or upon the land of another (the servient heritage) (Section 4). Key mechanisms include the creation, acquisition, and extinction of easements. Easements may be created by express grant, prescription (continuous and peaceable enjoyment for 20 years), necessity, or by operation of law (Section 8-15). The Act also covers the transmission of easements upon transfer of the dominant heritage. The Act addresses the suspension, extinction, and revival of easements, notably through release, revocation, or by the permanent alteration of the dominant heritage. Notable provisions include the distinction between continuous and discontinuous easements, apparent and non-apparent easements, and the rules for the mode of enjoyment. The Act also deals with licences (Sections 52-56), distinguishing them from easements in that a licence is a personal permission to do something on another's land that would otherwise be unlawful. The Act remains in force as the governing law for easements in Bangladesh.
Full text · showing key sections
§ 1Short title
This Act may be called the Easements Act, 1882 .
§ 2Savings
Nothing herein contained shall be deemed to affect any law not hereby expressly repealed; or to derogate from- (a) any right of the Government to regulate the collection, retention and distribution of the water of rivers and streams flowing in natural channels, and of natural lakes and ponds, or of the water flowing, collected, retained or distributed in or by any channel or other work constructed at the public expense for irrigation; (b) any customary or other right (not being a license) in or over immoveable property which the Government, the public or any person may possess irrespective of other immoveable property; or (c) any right acquired, or arising out of a relation created, before this Act comes into force.
§ 3Construction of certain references to Act IX of 1908
All references in any Act or Regulation to sections 26 and 27 of the 1 [ Limitation Act, 1908 , shall] be read as made to sections 15 and 16 of this Act.
§ 4"Easement" defined
An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own. (a) The dominant owner is the owner or occupier to whose land the easement is attached. (b) The servient owner is the owner or occupier of the land on which the liability is imposed. (c) The dominant heritage is the land to which the easement is attached. (d) The servient heritage is the land on which the liability is imposed. (e) An easement is either continuous or discontinuous, apparent or non-apparent.
§ 5Continuous and discontinuous, apparent and non-apparent, easements
(a) A continuous easement is one whose enjoyment is, or may be, continual without the act of a human being. (b) A discontinuous easement is one that needs the act of a human being for its enjoyment. (c) An apparent easement is one the existence of which is shown by some permanent sign which, upon careful inspection, might be seen and which is necessary for using the easement. (d) A non-apparent easement is one that has no such sign.
§ 6Easement for limited time or on condition
An easement may be created to continue for a limited time, or subject to a certain condition to be performed by the dominant owner at the time of the commencement of the easement or subsequently, and, on the non-performance of the condition, the easement shall be extinguished.
§ 7Easements restrictive of certain rights
Easements are restrictions of one or other of the following rights, namely:- (a) the exclusive right of every owner of immoveable property (subject to any law for the time being in force) to enjoy and dispose of the same and all products thereof and accessions thereto; (b) the right of every owner of immoveable property (subject to any law for the time being in force) to enjoy without disturbance by others the advantages arising from the situation of the property.
§ 8Who may impose easements
An easement may be imposed by any person in possession of the immoveable property in respect of which the liability is to be created and also by any person having a right in, or power to dispose of, that property.
§ 9Servient owners
The owner of the servient heritage may impose on it any easement not contrary to law or to any contract with the dominant owner.
§ 10Lessor and mortgagor
A lessor and a mortgagor may impose on the property leased or mortgaged any easement not contrary to law or to any contract with the lessee or mortgagee.
§ 11Lessee
A lessee may impose on the property held by him as such lessee any easement not contrary to law or to any contract between the lessor and himself.
§ 12Who may acquire easements
An easement may be acquired by the owner of the immoveable property for the beneficial enjoyment of which the right is created, or on his behalf, by any person in possession of such property.
§ 13Easements of necessity and quasi easements
Where one person transfers or bequeaths immoveable property to another,- (a) if an easement in or over the property transferred is necessary for enjoying the other part of the property left to the transferor or testator, the transferee or legatee shall be entitled to the easement; or (b) if an easement in or over the property left to the transferor or testator is necessary for enjoying the property transferred, the transferee or legatee shall be entitled to the easement; or (c) if a permanent and apparent easement in or over the property transferred or left is continuous and necessary for enjoying the property as it was enjoyed when the transfer or bequest took effect, the transferee or legatee shall be entitled to the easement.
§ 14Direction of way of necessity
When a way of necessity is created under section 13, the transferee or legatee may have the right to use any part of the property left or transferred, as the case may be, for making a way to his property; but if he can conveniently connect his property with a public road or with some other road connected with a public road without going over the property left or transferred to him, as the case may be, he shall have no right of way of necessity against his transferor or testator or any person claiming under him.
§ 15Acquisition by prescription
Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, without interruption, and for twenty years, and where any way or watercourse or the use of any water or any other easement (whether continuous or discontinuous, apparent or non-apparent) has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right, without interruption, and for twenty years, the right to such access and use of light or air, way, watercourse, use of water or other easement shall be absolute. Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested.
§ 16Exclusion in favour of reversioner of servient heritage
Provided that, when any land upon, over or from which any easement has been enjoyed or derived has been held under or by virtue of any lease for a term of years, and the period of twenty years, or any part thereof, has occurred during the currency of such lease, the easement shall not be acquired against the lessor or reversioner by the lessee, unless the lessee has, while enjoying the easement, given written notice of such enjoyment to the lessor or his agent.
§ 17Rights which cannot be acquired by prescription
Rights which cannot be acquired by prescription are- (a) the right to commit a private nuisance, and (b) the right to the passage of light or air to any building which has not been continuously in existence for twenty years in its present form and site.
§ 18Customary easements
An easement may be acquired in virtue of a customary right of the persons for the time being interested in the immoveable property to which the right is claimed.
§ 19Transfer of dominant heritage passes easement
Where the dominant heritage is transferred or bequeathed, the easement belonging thereto shall pass to the transferee or legatee.
§ 20Rules controlled by contract or title
The rules contained in sections 21 to 28 are controlled by any contract between the dominant and servient owners relating to the easement, and by the instrument, if any, by which the easement was imposed.
§ 21Bar to use unconnected with enjoyment
The dominant owner must not use the easement for any purpose not connected with the enjoyment of the dominant heritage.
§ 22Exercise of easement Confinement of exercise of easement
The dominant owner must exercise his easement in the mode which is least onerous to the servient owner; and, when the exercise of an easement is confined to a certain part of the servient heritage, it shall be exercised only on that part.
§ 23Right to alter mode of enjoyment
Subject to the provisions of section 22, the dominant owner may, from time to time, alter the mode and place of enjoying the easement, provided that he does not thereby impose any additional burden on the servient heritage.
§ 24Right to do acts to secure enjoyment Accessory rights
The dominant owner is entitled to do all acts necessary for the exercise of the easement, but not so as to substantially diminish the utility of the servient heritage, if any compensation is made for such diminution. The dominant owner is also entitled to all such accessory rights as are necessary for the full enjoyment of the easement, and all such ancillary rights as are necessary for the preservation of such accessory rights.
§ 25Liability for expenses necessary for preservation of easement
The dominant owner must, in the absence of a contract to the contrary, bear all expenses necessary for the preservation of the easement.
§ 26Liability for damage from want of repair
Where an easement is necessary for the safe enjoyment of the dominant heritage, the dominant owner is liable for all damages arising from any defect in a work erected for its enjoyment; but, in the absence of a contract to the contrary, the dominant owner is not liable for such damages if he proves that he had taken due care and that the defect was not discoverable by the exercise of reasonable care on his part.
§ 27Servient owner not bound to do anything
The servient owner is not bound to do anything for the benefit of the dominant owner, unless the easement is of a nature that renders it necessary that the servient owner should do something for its exercise.
§ 28Extent of easements
With respect to the extent of easements and the user thereof by the dominant owner and the liabilities of the servient owner, the following provisions shall apply:- (a) where the extent of the easement is expressed or implied in the instrument or custom under or by virtue of which the easement was imposed, the easement shall be enjoyed to that extent only; (b) where no extent is so expressed or implied, the dominant owner shall be entitled to a reasonable enjoyment of the easement, and the servient owner shall submit to all acts necessary for such enjoyment; (c) where an easement has been enjoyed without alteration for a period of twenty years, the mode of enjoyment shall not be altered afterwards by either the dominant or the servient owner.
§ 29Increase of easement
The dominant owner cannot, by merely ceasing to use the easement for a time, increase the burden thereon.
§ 30Partition of dominant heritage
Where a dominant heritage is divided between two or more persons, the easement becomes attached to each part, but each part must be used in such manner as not to increase the burden on the servient heritage.
§ 31Obstruction in case of excessive user
In case of excessive user of an easement the servient owner may, after notice to the dominant owner, obstruct the user, but only so far as may be necessary to reduce it to the proper limit; and the dominant owner may, on his own behalf, or, after notice to him, the servient owner may, on his own behalf, apply to the Civil Court to fix the limits of the user.
§ 32Right to enjoyment without disturbance
The dominant owner is entitled to the enjoyment of the easement without disturbance by the servient owner or any person claiming under him, and to all benefits arising from the situation of the servient heritage in relation to the dominant heritage.
§ 33Suit for disturbance of easement
The owner of any immoveable property has a right to institute a suit for compensation for the disturbance of an easement attached to the property; and, if the disturbance is of such a nature that, if continued, it would, by rendering the property unfit for its ordinary use, cause a damage which cannot be adequately compensated by money, the owner may also institute a suit to restrain the disturbance.
§ 34When cause of action arises for removal of support
The removal of support to which the dominant owner is entitled does not give a cause of action until it actually causes a substantial damage to the dominant heritage.
§ 35Injunction to restrain disturbance
Subject to the provisions of the Specific Relief Act, 1877 , a suit to restrain the disturbance of an easement may be brought by any person in possession of the dominant heritage, whether as owner, lessee, mortgagee or otherwise.
§ 36Abatement of obstruction of easement
Notwithstanding anything contained in section 33 to 35, the dominant owner may himself abate, after notice to the servient owner, any obstruction of the easement.
§ 37Extinction by dissolution of right of servient owner
An easement is extinguished when the servient owner ceases to have a right in the servient heritage.
§ 38Extinction by release
An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner.
§ 39Extinction by revocation
An easement is extinguished when the dominant owner revokes it, and the servient owner accepts the revocation.
§ 40Extinction on expiration of limited period or happening of dissolving condition
An easement is extinguished where it has been imposed for a limited period, on the expiration of that period; or where it has been imposed subject to a dissolving condition, on the happening of that condition.
§ 41Extinction on termination of necessity
An easement of necessity is extinguished when the necessity ends.
§ 42Extinction of useless easement
An easement is extinguished when it becomes incapable of being used for the enjoyment of the dominant heritage; and such easement is not revived merely because it might afterwards become usable.
§ 43Extinction by permanent change in dominant heritage
An easement is extinguished where the dominant heritage undergoes a permanent change which renders impossible the beneficial enjoyment of the easement.
§ 44Extinction on permanent alteration of servient heritage by superior force
An easement is extinguished where the servient heritage is by superior force so permanently altered that the dominant owner can no longer enjoy the easement.
§ 45Extinction by destruction of either heritage
An easement is extinguished when either the dominant or the servient heritage is destroyed.
§ 46Extinction by unity of ownership
An easement is extinguished when the same person becomes entitled to the absolute ownership of both the dominant and servient heritage.
§ 47Extinction by non-enjoyment
A continuous easement is extinguished when it ceases to be enjoyed for twenty years. A discontinuous easement is extinguished when it ceases to be enjoyed for twenty years. Such period of twenty years shall be taken to be a period ending within two years next before the institution of a suit wherein the claim to such easement is contested.
§ 48Extinction of accessory rights
When an easement is extinguished, the accessory rights belonging thereto are also extinguished.
§ 49Suspension of easement
An easement is suspended when the dominant owner becomes entitled to the possession of the servient heritage for a limited interest therein, or when the servient owner becomes entitled to the possession of the dominant heritage for a limited interest therein.
§ 50Servient owner not entitled to require continuance
The servient owner has no right to require that an easement be continued, and, notwithstanding the provisions of section 26, when the dominant owner has ceased to enjoy an easement for twenty years, the easement may be treated as extinguished whether the dominant owner does or does not own any property to which it may be attached.
The Easements Act, 1882 codifies the law relating to easements, licences, and certain other rights concerning the use of land in Bangladesh. It applies to all immovable property within Bangladesh and governs the rights of landowners to use the land of another for specific purposes, such as rights of way, rights to water, rights to light and air, and rights of support. The Act defines an easement as a right which the owner or occupier of certain land (the dominant heritage) possesses for the beneficial enjoyment of that land, to do or continue to do something in or upon the land of another (the servient heritage) (Section 4). Key mechanisms include the creation, acquisition, and extinction of easements. Easements may be created by express grant, prescription (continuous and peaceable enjoyment for 20 years), necessity, or by operation of law (Section 8-15). The Act also covers the transmission of easements upon transfer of the dominant heritage. The Act addresses the suspension, extinction, and revival of easements, notably through release, revocation, or by the permanent alteration of the dominant heritage. Notable provisions include the distinction between continuous and discontinuous easements, apparent and non-apparent easements, and the rules for the mode of enjoyment. The Act also deals with licences (Sections 52-56), distinguishing them from easements in that a licence is a personal permission to do something on another's land that would otherwise be unlawful. The Act remains in force as the governing law for easements in Bangladesh.
