The law of limitation and prescription (in British India); including easements, with an appendix of acts, references to the latest cases and an index

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 Excerpt: ...lands, would of itself carry a right of way over the passage." Such description, together with the conduct of the parties, may however estop the vendor from denying the right.10 in. Local III. An easement may also be acquired in virtue of a local custom. This has already been explained.1 It is only necessary to add that, according to English law, a profit a prendre in alieno solo can not be claimed by custom.8 iv. Ea-IV. An easement is sometimes acquired by estoppel,--as, for instance, if A, without title, professes to impose an easement in favor of.5, A will be estopped from denying the right to such easement, if he subsequently acquires title to the servient heritage.3 v&vi. V & VI. Easements are very often acquired by Prescrip-I,..,, lion, and long and continued enjoyment,--that is, either by "Chander Coomar v. Koylash Chnnder, I. L. II.. 7 Calc., 665, and the English cases cited therein. See also I. L. R., 8 Calo., 677. I. L. R., 7 Calo., 665, 670. ' Goddard, p. 88. 1 See p. 361, «/ra, and see. 18 of ActV of 1882. Under this Act, a profit may be acquired by custom. 'Easements' include' profits.' 2 See 7 App, Cos., p. 6-18. Copyholders in England are, however, allowed to claim a profit by custom. Tudor's Leading Cas., 137. See on the subject of acquisition of profits by custom, I. L. R., 9 Calc., 698; and p. 362, note 7, supra. 1 Goddard, p. 88. Act I of 1872 (The Indian Evidence Act), sec. 115. Ai regards the title to easements by the servient owner's acquifscfncc (and encouragement), see Gale, pp. 78--84. The doctrine of acquiescence is based on the rule of equitable estoppel, see pp. 77, 78, supra. 4 The Code Napoleon, by art. 690, allows servitudes, if contimwnt and apparent, to be acquired (1) by title or deed, or (2) by posse...