25 sample questions on The Indian Easements Act, 1882 for Madhya Pradesh Judiciary Examination (preliminary)

ADVERTISEMENTS:

25 sample questions on The Indian Easements Act, 1882 for Madhya Pradesh Judiciary Examination (preliminary)

25 sample questions on The Indian Easements Act, 1882 for Madhya Pradesh Judiciary Examination (preliminary)

1. The Indian Easements Act came into force on

ADVERTISEMENTS:

(a) 1st June 1882.

(b) 1st July 1882.

(c) 1st August 1882.

(d) 1st September 1882.

ADVERTISEMENTS:

2. Easement is an offshoot of the law of

(a) property

(b) limitation

(c) specific relief

ADVERTISEMENTS:

(d) contract

3. Which of the following is not an easement right?

(a) A, as the owner of certain house, has a right of way thither over his neighbour B’s land for purposes connected with the beneficial enjoyment of the house.

(b) A, as the owner of certain house, has a right to go on his neighbour B’s land, and to take water for purposes of his household, out of a spring therein.

ADVERTISEMENTS:

(c) A dedicates to the public the right to occupy the surface e of certain land for the purpose of passing and re-passing.

(d) A, as the owner of a certain house, has the right to conduct water from B’s stream to supply the fountains in the garden attached to the house.

4. Easement is a right

(a) in rem

ADVERTISEMENTS:

(b) in personam

(c) neither (a) nor (b)

(d) in rem in general but in personam in exceptional cases.

5. Match the following

(I) dominant tenement (i) the owner of the land, for the ben- ficial enjoyment of which, the right exists

(II) dominant owner (ii) the land on which the liability is imposed

(III) servient owner (iii) the land, for the beneficial enjoy­ment of which, the right exists

(IV) servient tenement (iv) the owner or occupier of the land on which the liability is imposed

(a) (I)-(ii), (U)-(i), (IH)-(iv), (IV)-(iii)

(b) (I)-(iii), (II)-(i), (Ill)-(iv), (IV)-(ii)

(c) (I)-(iii), (Il)-(ii), (Ill)-(i), (IV)-(iv)

(d) (I)-(ii), (Il)-(iv), (Ill)-(i), (IV)-(iii)

6. Choose the correct answer

(a) There can be no easement without dominant tenement and a servient tenement.

(b) Rights, which are by a community or class of persons by virtue of a customary right, are not easement but are right in gross.

(c) Both (a) and (b).

(d) Neither (a) nor (b).

7. The branches of the trees extended over the neighbouring soil for a continuous length of time.

(a) the owner of the trees acquired no right over the land of the neighbour.

(b) the owner of the trees acquired right over the land of the neighbour.

(c) The neighbour acquired right over the portion of the tree falling on his soil.

(d) The neighbour acquired right over the tree, since part of the tree is falling on his soil.

8. Match the following

(I) continuous easement (i) A right of way annexed to A’s house over B’s land.

(II) non-apparent easement(ii) Rights annexed to A’s land to lead water thither across B’s land by an aqueduct and to draw off water thence by a drain. The drain would be discovered upon careful inspection by a person conversant with such maters.

(III) discontinous (iii) A right annexed to easement B’s house to receive light by the windows without obstruction by his neighbour A.

(IV) apparent (iv) A right annexed to easement A’s house to

prevent B from building on his own land.

(a) (I)-(ii), (II)-(i), (Ill)-(iv), (IV)-(iii)

(b) (I)-(iii), (H)-(i), (Ill)-(iv), (IV)-(ii)

(c) (I)-(iii), (Il)-(ii), (IH)-(i), (IV)-(iv)

(d) (I)-(iii), (Il)-(iv), (Ill)-(i), (IV)-(ii)

9. Which of the following is not an ingredient of easement?

(a) Easement must be a fractional right.

(b) Easement is a personal right.

(c) The dominant and the servient tenements must be distinct.

(d) Easement is an incorporeal right in-rem.

10. Easement cannot be created by

(a) law

(b) grant

(c) necessity

(d) prescription

11. Easement by grant may be created

(a) expressly

(b) impliedly

(c) by presumption

(d) all the above

12. Choose the correct answer

(a) Inconvenience is the test of easement of necessity.

(b) Easement by necessity can be claimed on availability of alternative way.

(c) Both (a) and (b).

(d) Neither (a) nor (b).

13. Quasi-easement is

(a) that which is not being an easement of absolute necessity, came into existence by presumed grant or operation of law.

(b) one without which the property in question cannot be enjoyed at all.

(c) one which is acquired by virtue of local custom.

(d) one that may be imposed by anyone in the circumstances, and to the extent, in and to which he may transfer his interest in the heritage on which the liability is to be imposed.

14. Necessary conditions for creation of easement by prescription are all, but one, of the following

(a) the right claimed must be certain

(b) enjoyment must be independent, peaceful without interruption

(c) enjoyment must be for twenty five years and in case of government estate, for fifty years

(d) without any agreement with the owner of servient land

15. Right which cannot be acquired by prescription

(a) A right for over 5 years.

(b) A right which has the effect of destroying the servient tenement.

(c) A right to the free passage of light or air to an open space or ground.

(d) A right to underground water not passing in a definite channed.

16. Choose the correct answer

(a) Customary rights under Section 2(b) are rights arising by custom but unappurtenent to a dominant tenement.

(b) No fixed period of enjoyment is necessary to establish customary rights, but the custom must be reasonable and certain.

(c) Both (a) and (b).

(d) Neither (a) nor (b).

17. Essentials of a valid custom exclude

(a) immemorial antiquity.

(b) Reasonableness.

(c) Certainty.

(d) none of the above.

18. Choose the correct answer

(a) Customary easements are private rights whereas customary rights are public rights.

(b) Customary easements look upon the interest of the locality as a whole whereas customary rights look upon the owner of the dominant tenement and servient tenement.

(c) Both (a) and (b).

(d) Neither (a) nor (b).

19. The expenses which can be defrayed by the dominant owner

(a) expenses incurred in construction works.

(b) expenses on making repairs.

(c) expenses for preservation of an easement.

(d) all the above.

20. Land used as pathway by villagers for going to river Ghat because there was no other way for going to river Ghat and that villagers were using river water for domestic and drinking purposes as there was no well or tank in village, it was proved

(a) customary easement

(b) easement by prescription

(c) easement by necessity

(d) continuous easement

21. A, the owner of a mill, has acquired a prescriptive right, to divert to his mill part of the water of a stream. A alters the machinery of his mill. He

(a) cannot increase his right to divert water.

(b) can increase his right to divert water.

(c) needs permission from concerned authority to divert water.

(d) Has no right to alter the machinery of his mill.

22. An easement

(a) is extinguished when the servient owner leaves on his own.

(b) cannot be extinguished.

(c) Upon the death of the dominant owner.

(d) is extinguished when the dominant owner releases it expressly or impliedly to the servient owner.

23. Choose the correct answer

(I) Simple licence is always revocable at the will of the licensor and it is also not assignable.

(II) Simple licence is not revocable at the will of the licensor and it is assignable.

(III) In licence coupled with a grant of interest the licensor cannot in general revoke it so as to defeat the grant to which it is incident.

(IV) In licence coupled with a grant of interest the licensor can in general revoke it.

(a) (I), (HI)

(b) (I), (IV)

(c) (II), (HI)

(d) (II), (IV)

24. Choose the correct answer

(a) An easement can be revoked at the will of the servient owner.

(b) A license is not transferable at all under any circumstance.

(c) A license is always bound to be of positive nature.

(d) A dominant tenement follows the easement right.

25. A license is not deemed to be revoked under

section 62 of the Indian Easements Act

(a) when the grantor ceases to have any interest in the property.;

(b) when the grantor dies;

(c) when the licensee releases it to the grantor or to his legal representative;

(d) where it has been granted for a limited period.

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