By the custom of a town, no owner or occupier of a house may open a new window that substantially…
Illustration (b) to section 18 states that "A thereupon acquires an easement that B shall not open new windows in his house" commanding a view of portions of A's house…
Choose your answer
By the custom of a town, no owner or occupier of a house may open a new window that substantially invades his neighbour's privacy. A builds a house near B's house. What rights arise under section 18 of the Indian Easements Act, 1882?
Answer and explanation
Correct answer C
Illustration (b) to section 18 states that "A thereupon acquires an easement that B shall not open new windows in his house" commanding a view of portions of A's house ordinarily kept private, and B acquires a like easement against A. Section 18 lets an easement be acquired in virtue of a local custom. Such customary easements arise from the custom itself, not from a period of enjoyment.