torts and easement

8/13/2019 Torts and Easement

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Torts and Easement

Torts and Easement for LLB first Year

Q: 1 Define and discuss the term tort(s) in detail

Tort law is a branch of the law which covers civil wrongs such as

defamation and tres!assing among man" other transgressions#

$nder tort law if someone suffers a !h"sical legal or economic

harm he or she ma" be entitled to bring suit# %f the suit is deemed

valid damages (&om!ensation) ma" be awarded to the victim to

com!ensate for his or her troubles# 'ost tort laws are found in

regional state and national civil codes which often s!ell out

limits on damages and the statute of limitations for tort cases#

'an" !eo!le divide tort law into three rough categories:

egligent torts

%ntentional torts and

trict liabilit" torts#

Torts arising out of negligence are civil wrongs caused b"

negligent behavior or a failure to !ractice due diligence# *ore+am!le if "ou are !la"ing soccer in the street and "ou

accidentall" ,ic, the ball through someone-s living room window

this ma" be a negligence tort# 'edical mal!ractice and other forms

of !rofessional negligence are also covered under the umbrella of

negligence torts#

%ntentional torts are torts which involve a deliberate attem!t to

harm# Defamation is often viewed as an intentional tort as is

batter" fraud false im!risonment and interference with theeconomic o!erations of a com!an"# trict liabilit" torts cover

!roduct liabilit". if a !otato !eeler ta,es "our finger off when "ou

o!erate it as directed the manufacturer could be liable#


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/here one !erson transfers or be0ueaths immovable !ro!ert" to

another(a) if an easement in other immovable !ro!ert" of the

transferor or testator is necessar" for en2o"ing the sub2ect of the

transfer or be0uest the transferee or legatee shall be entitled to

such easement. or(b) if such an easement is a!!arent and continuous and necessar"

for en2o"ing the said sub2ect as it was en2o"ed when the transfer or

be0uest too, effect the transferee or legatee shall unless a

different intention is e+!ressed or necessaril" im!lied be entitled

to such easement.

(c) if an easement it the sub2ect of the transfer or be0uest is

necessar" for en2o"ing other immovable !ro!ert" of the transferor

or testator the transferor of the legal re!resentative of the testatorshall be entitled to such easement. or

(d) if such an easement is a!!arent and continuous and necessar"

for en2o"ing the said !ro!ert" as it was en2o"ed when the transfer

or be0uest too, effect the transferor or the legal re!resentative of

the testator shall unless a different intention is e+!resses or

necessaril" im!lied be entitled to such easement#3

where a !artition is made of the 2oint !ro!ert" of several !ersons

(e) if an easement over the share of one them is necessar" for

en2o"ing the share of another of them the latter shall be entitled to

such easement or

(f) if such an easement is a!!arent and continuous and necessar"

for en2o"ing the share of the latter as it was en2o"ed when the

!artition too, effect he shall unless a different intention is

e+!ressed or necessaril" im!lied be entitled to such easement#

The easements mentioned in this section clauses (a) (c) and (e)

are called easement of necessit"# /here immovable !ro!ert" !asses b" o!eration of law the

!ersons from and to whom it so !asses are for the !ur!ose of this

section to be deemed res!ectivel" the transferor and transferee#

%llustrations


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(a) 4 sells B a field then used for agricultural !ur!oses onl"# %t is

inaccessible e+ce!t b" !assing over 45s ad2oining land or b"

tres!assing on the land of a stranger# B is entitled to a rightofwa"

for agricultural !ur!oses onl" over 45s ad2oining land to the field

sold#(b) 4 the owner of two fields sell one to B and retains the other#

The field retained was at the date of the sale used for agricultural

!ur!oses onl" and is inaccessible e+ce!t b" !assing over the field

sold to B# 4 is entitled to a rightofwa" for agricultural !ur!oses

onl" over B5s field to the field retained#

(c) 4 sells B a house with windows overloo,ing 45s land which

4 retains# The light which !asses over 45s land to the windows is

necessar" for en2o"ing the houses as it was en2o"ed when the saletoo, effect# B is entitled to the light and 4 cannot afterwards

obstruct it b" building on his land#

(d) 4 sells B a house with windows overloo,ing 45s land# The

light !assing over 45s land to the windows is necessar" for

en2o"ing the house as it was en2o"ed when the sale too, effect#

4fterwards 4 sells the land to 6ere & cannot obstruct the light

b" building on the land for he ta,es it sub2ect to the burdens to

which it was sub2ect in 45s hands#(e) 4 is the owner of a house and ad2oining land# The house has

windows overloo,ing the land# 4 simultaneousl" sells the house to

B and the land to The light !assing over the land is necessar"

for en2o"ing the house as it was en2o"ed when the sale too, effect#

6ere 4 im!liedl" grants B a right to the light and & ta,es the land

sub2ect to the restriction that he ma" not build so as to obstruct

such light#

(f) 4 is the owner of a house and ad2oining land# The house has

windows overloo,ing the land# 4 retaining the house sells the landto B without e+!ressl" reserving an" easement# The light !assing

over the land is necessar" for en2o"ing the house as it was en2o"ed

when the sale too, effect# 4 is entitled to the light and B cannot

build on the land so as to obstruct such light#


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(g) 4 the owner of a house sells B a factor" built on ad2oining

land# B is entitled as against 4 to !ollute the air when necessar"

with smo,e and va!ours from the factor"#

(h) 4 the owner of two ad2oining houses Y and 7 sells Y to B

and retains 7# B is entitled to the benefit of all the gutters anddrains common to the two houses and necessar" for en2o"ing Y as

it was en2o"ed when the sale too, effect and 4 is entitled to the

benefit of all the gutters and drains common to the two houses and

necessar" of en2o"ing 7 as it was en2o"ed when the sale too,

effect#

(i) 4 the owner of two ad2oining buildings sells one to B

retaining the other# B is entitled to a right to lateral su!!ort from

45s building and 4 is entitled to a right to lateral su!!ort from B5sbuilding#

(2) 4 the owner of two ad2oining buildings sells one to B and

other to & is entitled to lateral su!!ort from B5s building and B

is entitled to lateral su!!ort from &5s building#

(,) 4 grants lands to B for the !ur!ose of building a house

thereon# B is entitled to such amount of lateral and sub2acent

su!!ort from 45s land as is necessar" for the safet" of the house#

(l) $nder the land ac0uisition act 189 a railwa" com!an"com!ulsoril" ac0uires a !ortion of B5s land for the !ur!ose of

ma,ing a siding# The com!an" is entitled to such amount of lateral

su!!ort from B5s ad2oining land as essential for the safet" of the

siding#

(m) ;wing to the !artition of 2oint !ro!ert" 4 becomes the owner

of an u!!er room in a building and B becomes the owner of the

!ortion of the building immediatel" beneath it# 4 is entitled to such

amount of vertical su!!ort from B5s !ortion as is essential for the

safet" of the u!!er room#(n) 4 lets a house and grounds to B for a !articular business# B

has no access to them other than b" crossing 45s land# B is entitled

to a rightofwa" over that land suitable to the business to be

carried on b" B in the house and grounds#

&omments


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well situated in the other !artheritage retained b" the vendor#

4ccording to the case of 'uhammad >am?an v# aseer Beg 198@

&L& 1AAA the !laintiff must not onl" !rove e+istence of right of

easement at the time of transfer of !ro!ert" to him but also such

right being necessar" for en2o"ing transferred !ro!ert"#>i!arian rights: The abutment in bed of ravine for delivering

water to bund u!stream was not e+tending be"ond middle of bed

of ravine# The lower ri!arian could not be de!rived of his natural

right# The rule relating to the user and flow of water in a natural

defined stream to which ever" ri!arian owner had a natural right

stared# LD 18C8 esh# 1AC#

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