Section 55 of The Indian Easements Act, 1882 in hindi
All licenses necessary for the enjoyment of any interest, or the exercise of any right, are implied in the constitution of such interest or right. Such licenses are called accessory licenses. Illustration A sells the trees growing on his land to B. B is entitled to go on the land and take away the trees.
Summary
- An accessory license is a license that is necessary to enjoy an interest or exercise a right.
- These licenses are automatically implied by law when the main interest or right is created.
- A person does not need to get a separate, express permission for actions that are absolutely necessary to enjoy their existing rights.
Practical examples
FAQ
1. What does the term accessory license mean under this law?
It means a secondary, implied permission that is absolutely necessary to make use of a primary right or interest that you already hold.
2. Does an accessory license need to be written down or spoken out loud?
No, it does not need to be written down or spoken because the law automatically assumes it exists as part of the main agreement.
Test yourself
Q1.Under Section 55 of The Indian Easements Act, 1882, what is the status of a license that is necessary for the enjoyment of an interest or the exercise of a right?
Q2.Under Section 55 of The Indian Easements Act, 1882, what are these necessary implied licenses called?
Q3.If a person is granted a right under The Indian Easements Act, 1882, and enjoys an accessory license under Section 55, what happens if the primary right or interest is completely extinguished under Section 48?
Q4.Under Section 55 of The Indian Easements Act, 1882, which of the following is required to establish an accessory license?