Section 13 in The Indian Easements Act, 1882
13. Easements of necessity and quasi-easements
.Where one person transfers or bequeaths immovable
this section are called easements of necessity.
17. Section 5 defines continuous easements and apparent easements and it runs as follows:
Easements are either continuous ... right of way is not a continuous easement: see illustration (b) to Section 5 , Easements (Act 5 of 1882). And therefore even assuming that
easement.
The easements mentioned in Clsause (a), (c) and (e) of this section are called easements of necessity.
16. Section 5 defines continuous easements ... continuous easement (see illustration (6) to Section 5 of the Indian Easements Act V of 1882). And, therefore, even assuming that it was used
shall be entitled to such easement.
The easements mentioned in this section, Clauses (a), (c) and (e) are called easements of necessity ... detailed in that section. He proceeded to point out that Section 41 would extinguish only easements of necessity under Section 13
defined and is provided in Section 13 of Easement Act. Section 13 of the Easement Act, 1982, as under:
"13 ... implied be entitled to such easement
The easements mentioned in this section, Clauses (a), (c) and (e) are called easements of necessity.
Where immovable property
this section are called easements of necessity.
17. Section 5 defines continuous easements and apparent easements and it runs as follows:
Easements are either continuous ... continuous easement (see illustration (b) to Section 5 of the Indian Easements Act, V of 1882). And, therefore, even assuming that it was used
also contended that the defendants claim easement of necessity and not any other kind of easement.
13. Section 13 of the Indian Easements ... lost. Section 41 says : An easement of necessity is extinguished when the necessity comes to an end.
16. The necessity contemplated under Section 13
cannot be claimed as a quasi easement under S.13
(b), (d) or (f) of the Easements Act also. The other clauses ... 13
deal with easements of necessity while these three clauses concern quasi
easements. Like easements of necessity, quasi easements also arise only on
severance
implied be entitled to such easement.
The easement mentioned in this section cls. (a), (c) and (e) are called easements of necessity ... titled to such easement."
(31) Section 5 defines a continuous easement and apparent easement and it runs as follows:
"Easements are either continuous
Act, 1882 ('the Act' for short) i.e., by way of necessity and also under Section 15 of the Act ... them and, therefore, not entitled to claim easement of necessity and easement by prescription under Sections 13 and 15 of the Act