A, as owner of certain land, has a right of way over his neighbour's land annexed to it. A lets his…
The Illustration to section 19 states that "The right of way vests in B and his legal representative so long as the lease continues." Section 19 provides that a transfer of…
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A, as owner of certain land, has a right of way over his neighbour's land annexed to it. A lets his land to B for twenty years; the lease says nothing about the right of way. Under section 19 of the Indian Easements Act, 1882:
Answer and explanation
Correct answer B
The Illustration to section 19 states that "The right of way vests in B and his legal representative so long as the lease continues." Section 19 provides that a transfer of the dominant heritage, unless a contrary intention appears, is deemed to pass the easement to the transferee. A lease is a transfer of an interest, so B takes the easement for the term without any express words.