INDIAN EASEMENT ACT, 1882\DISTURBANCE OF EASEMENT\Section 32, 33, 34, 35 & 36(English)\Lawve it!

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In this 9th installment of Easements Act series we go over chapter IV of the act which talks about disturbance of Easement rights. Here's a quick written synopsis of the points discussed in this video along with the times stamps, even though i doubt how many people actually read the descriptions. Here we go:
00:00 INTRODUCTION
Orienting you about the structure and points to be discussed in the video.
00:50 SECTION 32
This section says that the owner or occupier of a dominant heritage is entitled to enjoy the easement without any disturbance from any other person.
01:28 SECTION 33
This section talks about the scenarios when a suit can be filed in case of a disturbance of easement. The section also provides three explanations of what can be regarded as 'substantial damage'
01:52 EXPLANATION I OF SECTION 33
According to this explanation nothing can be regarded as substantial damage unless such action causes material damage to the dominant heritage or affects the evidence of the existence of the easement.
04:04 EXPLANATION II OF SECTION 33
According to this explanation is case of an easement right of free passage of light to the opening of any house unless a disturbance causes anything that falls within the criteria mentioned in explanation I or causes any physical discomfort to the dominant owner or occupier or hampers any business that was being beneficially carried on that property before such disturbance.
04:47 EXPLANATION III OF SECTION 33
This explanation talks about easement right of free passage of air to the opening of any house. In case of such an easement right nothing will be considered as an disturbance unless it materially interferes with the physical comfort of the dominant owner or occupier.
05:20 COLLS V. HOMES AND COLONIAL STORES
The Colls case is a famous case in the English Common Law that explains both explanation I and II of this section.
07:10 SECTION 34
If there is an easement right to support, the mere removal of that support does not make the dominant owner or occupier eligible to sue or recover compensation from the person causing the disturbance unless any actual substantial damage is sustained.
09:06 SECTION 35
This section talks about two scenarios where the court can impose injunction on a disturbance of easement.
12:18 SECTION 36
This section prohibits a dominant owner to try to remove any obstruction to the easement right by himself. He must go to the court with an appeal for injunction or compensation.
13:07 CONCLUSION

*ABOUT LAWVE IT! AND ME*

Hi, My name is Akash Bhunia, currently I am a 3rd year law student in south Calcutta law college. Initially, frustrated with the lack of YouTube tutorials on legal topics i created my own channel called Lawve it! (You can guess the amateurish word play right? 😅). I started posting videos on various legal topics there.. over time, I have also diversified into making legal help videos for the public in general and and analytical videos on various social and topical issues.

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Edited by: Mirage

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*Playlists by lawve it!*

The easements act:

The Homicide Series:

[nirmalach]

Thank you so much for that reversion illustration explanation . Thanks a lot .

[Chinu]

Thank you soo much for your efforts ...

[jibikadishari]

Sir I have a inherited property and in my father's will, there is no mention any common passage but just because of me and my two sisters get the land completely backside from main road and my brother get a property which is front side of main road ... That's why we created a common passage by sharing our portion of land to access main road but during this demarcation it is not mentioned our plan that the common passage only kept for three sisters... NW a days after demarcation, my brother claimed the right to the common passage, in that case can he get the easement right over the common passage

[Lawveit]

FEEL FREE TO WATCH IN INCREASED PLAYBACK SPEED. IF YOU CAN COMPHREHEND IT'S A GAME-CHANGER

Easements Act part 1 [What is easement; What are Dominant and Servient Heritage (Section 4)]

Easements Act part 2 [Classification of Easement(Section 5)]

Easements Act part 3 [Restrictive Easement and Easement for Limited Period(Sections 6 and 7)]

Easements Act part 4 [Imposition of Easement by grant(Sections 8, 9, 10, 11 and 12)]

Easements Act Part 5 [Necessary and Quasi Easement( Sections 13, 14)]

Easements Act Part 6 [Easement by Prescription and by Custom(Sections 15, 16, 17 & 18)]

Easements Act Part 7 [Incidents and accessory rights of easement(Sections 19, 20, 21, 22, 23, 24, 25, 26 & 27)]]

Easements Act Part 8 [Extent of Easement(Sections 28, 29, 30 & 31)]


Any question or doubt that you may have regarding the topic, which may not have cleared after watching the video, or which may have originated after watching the video, feel free to ask them in the comments section, I'll be more than happy to answer your questions.



And what do you think of this video? was it helpful?

[ritikapipalwa]

Please upload a video on nuisance to incorporeal property and its case laws

[musicallawyer]

Please Make More Videos Sir....
please Cover the remaining Two Chapters of this Act...

[geethabhargavi]

All 9parts of your easement explaination videos are perfect👌very clear explanation with creative & easy examples through which any one can easily understand your lecture.. soo nice to watch your videos 🤝