THE INDIAN EASEMENTS ACT, Act No. V of 1882
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PRELIMINARY. (Short title.) 1. This Act may be called the Indian Easements Act, 1882. (Local extent.) It extends to the territories respectively administered by the Governor of Madras in Council and the Chief Commissioners of the Central Provinces and Coorg. (Commencement.) It shall come into force on the first day of July, 1882. (Savings.) 2. Nothing herein contained shall be deemed to affect any law not hereby expressly repealed; or to derogate from- (a) Any right of the Government to regulate the collection, retention and distribution of the water of rivers and streams flowing in natural channels, and of natural lakes and ponds, or of the water flowing, collected, retained or distributed in or by any channel or other work constructed at the public expense for irrigation; (b) Any customary or other right (not being a licence) in or over immovable property which the Government, the public or any person may possess irrespective of other immovable property; or (c) Any right acquired, or arising out of a relation created, before this Act comes into force. (Construction of certain references to Act XV of 1877 and Act IX of 1871.) 3. All references in any Act or Regulation to Sections 26 and 27 of the Indian Limitation Act, 1877 or to Sections 27 and 28 of Act No. IX of 1871, shall, in the territories to which this Act extends, be read as made to Sections 15 and 16 of this Act. CHAPTER I. OF EASEMENTS GENERALLY. ('Easement' defined.) 4. An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of certain other land not his own, (Dominant and servient heritages and owners.) The land for the beneficial enjoyment of which the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner; the land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof the servient owner. Explanation. - In the first and second clauses of this section the, expression "land" includes also things permanently attached to the earth; the expression "beneficial enjoyment' includes also possible convenience, remote advantage, and even a there amenity; and the expression "to do something" includes removal and appropriation by the dominant owner, for the beneficial enjoyment of the dominant heritage, or any part of the soil of the servant heritage, or anything growing or subsisting thereon. (Continuous and discontinuous, apparent and non-apparent easements.) 5. Easements are either continuous or discontinuous, apparent or non-apparent. A continuous easement is one whose enjoyment is or may be continual without the act of man. A discontinuous easement is one that needs the act of man for its enjoyment. An apparent easement is one the existence of which is shown by some permanent sign, which, upon careful inspector by a competent person, would be visible to him. A non-apparent easement is one that has no such sign. (Easement for limited time or on condition.) 6. An easement may be permanent, or for a term of years or other limited period, or subject to periodical interruption, or exercisable only at a certain place, or at certain times, or between certain hours, or for a particular purpose, or on condition that it shall commerce or become void or voidable on the happening of a specified event or the performance or nonperformance of a specified Act. (Easement restrictive of certain rights.) 7. Easement are restrictions of one or other of the following rights (namely): (Exclusive right to enjoy) (a) The exclusive right of every owner of immovable property (subject to any law for the time being in force) to enjoy and dispose of the same and all products thereof and accessions thereto. (Rights to advantages arising from situation.) (b) The right of every owner of immovable property (subject to any law for the time being in force) to enjoy without disturbance by another the natural advantages arising from its situation. Explanation. - Land is in its natural condition when it is not excavated and not subjected to artificial pressure; and the "subjacent and adjacent soil" mentioned in this illustration means such soil only as in its natural condition would support the dominant heritage in its natural condition. Explanation. - A natural stream is a stream, whether permanent or intermittent, tide or tideless, on the surface of land or underground, which flows by the operation of nature only and in a natural and known course. CHAPTER II. THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS. (Who may impose easement.) 8. And easement may be imposed by any one 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 imposed. (Servient owners.) 9. Subject to the provisions of Section 8, a servient owner may impose on the servient heritage any easement that does not lessen the utility of the existing easement. But he cannot, without the consent of the dominant owner, impose an easement on the servient heritage which would lessen such utility. (Lessor and mortgagor.) 10. Subject to the provisions of Section 8, a lessor may impose, on the property leased, any easement that does not derogate from the rights of the lessee as such, and a mortgagor may impose, on the property mortgaged, any easement that does not render the security insufficient. But a lessor or mortgagor cannot, without the consent of the lessee or mortgages, impose any other easement and such property, unless it be to take effect on the termination of the lease or the redemption of the mortgage. Explanation. - A security is insufficient within the meaning of this section unless the value of the mortgaged property exceeds by one-third, or, if consisting of building exceeds by one-half, the amount for the time being due on the mortgage. (Lessee.) 11. No lessee or other person having a derivative interest may impose on the property held by him as such an easement to take effect after the expiration of' his own interest, or in derogation of the right of the right of the lessor or the superior proprietor, (Who may acquire easements.) 12. An easement may be acquired by the owner of the immovable property for the beneficial enjoyment of which the right is created, or on his behalf, by any person in possession of the same. One of two or more co-owners of immovable property may, as such, with or without the consent of the other or others, acquire an easement for the beneficial enjoyment of such property. No lessee of immovable property can acquire, for the beneficial enjoyment of other immovable property of his own, an easement in or the property comprised in his lease. (Easements of necessity and quasi-easements.) 13. Where one person transfers or bequeaths immovable property to another- (a) If an easement in other immovable property of the transferor or testator is necessary for enjoying the subject of the transfer or bequest, the transferee or legatee shall be entitled to such easement; or (b) If such an easement is apparent and continuous and necessary for enjoying: the said subject as it was enjoyed when the transfer or bequest took effect, the transferee or lessee shall, unless a different intention is expressed or necessarily implied, be entitled to such easement: (c) If an easement in the subject of the transfer or bequest is necessary for enjoying other immovable property of the transferor or testator, the transferor or the legal representative of the testator shall be entitled to such easement; or (d) If such an easement is apparent and continuous and necessary for enjoying the said property as it was enjoyed when the transfer or bequest took effect, the transferor, or the legal representative of the testator, shall, unless a different intention is expressed or necessarily implied be entitled to such easement. Where a partition is made of the joint property of several persons, - (e) If an easement over the share of one of them is necessary for enjoying the share of another of them, the latter shall be entire to such easement, or (f) If such an easement is apparent and continuous and necessary for enjoying the share of the latter as it was enjoyed when the partition took effect, he shall, unless the different intention is expressed or necessary implied, be entitled to such easement. The easements mentioned in this section, clauses (a), (c) and (e), are called easement of necessity. Where immovable property passed by operation of law, the persons from and to whom it so passes are, for the purpose of this section, to be deemed respectively, the transferor and transferee. (Direction of way of necessity) 14. When a right to a way of necessity is created under Section 13, the transferor, the legal representative of the testator, or the owner of the share over which the right is exercised, as the case may be, is entitled to set out the way but it must be reasonably convenient for the dominant owner. When the person so entitled to set out the way refuses or neglects to do so, the dominant owner may set it out. (Acquisition by prescription.) 15. Where the access and use of light or air and for any building have been peaceably enjoyed therewith, as an easement, without interruption, and for twenty years. And where support from one person's land or things affixed thereto, has been peaceably, received by another person's land subjected to artificial pressure, or by things affixed thereto, as an easement, without interruption, and for twenty years, And where a right of way or any other easement has been peaceably and openly enjoyed by any person claiming title thereto, as an easement and as of right, without interruption, and for twenty years, The right, to such access and use of light or air, support, or other easement, shall be absolute. Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested. Explanation I - Nothing is an enjoyment within the meaning of this section when it has been had in pursuance of an agreement with the owner or occupier of the property over which the right is claimed, and it is apparent from the agreement that such right has not been granted as an easement, or, if granted as an easement, that it has been granted for a limited period, or subject to a condition on the fulfilment of which it is to cease. Explanation II. - Nothing is an interruption within the meaning of this section unless where there is an actual cessation of the enjoyment by reason of an obstruction by the act of some other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof, and of the person making or authorizing the same to be made: Explanation III. - Suspensions of enjoyment in pursuance of a contract between the dominant and servient owners is not an interruption within the meaning of the section. Explanation IV. - In the case of an easement to pollute water the said period twenty years begins when the pollution first prejudices perceptibly the servient heritage. When the property over which a right is claimed Under this section belongs to Government, this section shall be read as if for the words "twenty years" the words "thirty years" were substituted. (Exclusion in favour of reversioner of servient heritage.) 16. Provided that, when any land upon, over or from which any easement has been enjoyed or derived has been held under or by virtue of any interest for life or any term of years exceeding three years from the granting thereof, the time of the enjoyment of such easement during the continuance of such interest or term shall be excluded in the computation of the said last-mentioned period of twenty years in case the claim is, within three years next after the determination of such, interest or term, resisted by the person entitled, on such determination, to the said land. (Rights which cannot be acquired by prescription.) 17. Easements acquired under Section 15 are said to be acquired by prescription, and are called prescriptive rights. None of the following rights ca ' n be so acquired- (a) A right which would tend to the total destruction of the subject of the right, or the property on which, if the acquisition were made, liability would be imposed; (b) A right to the free passage of light or air to an open space of ground; (c) A right to surface-water not flowing in a stream and not permanently collected in a pool, tank or otherwise; (d) A right to underground water not passing in a defined channel. (Customary easements.) 18. An easement may be acquired in virtue of a local custom. Such easements are called customary easements. (Transfer of dominant heritage passes easement.) 19. Where the dominant heritage is transferred or devolves, by act of parties or by operation of law, the transfer or revolution shall, unless a contrary intention appears, be deemed to pass the easement to the person in whose favour the transfer or devolution takes place. CHAPTER III. THE INCIDENTS OF EASEMENTS. (Rules controlled by contract or title.) 20. The rules contained in this Chapter are controlled by any contract between the dominant and servient owners relating to the servient heritage, and by the provisions of the instrument or decree, if any, by which the easement referred to was imposed. (Incidents of customary easements.) And when any incident of any customary easement is inconsistent with such rules, nothing in this Chapter shall affect such incident. (Bar to use unconnected with enjoyment.) 21. An easement must not be used for any purpose not connected with the enjoyment of the dominant heritage. (Exercise of easement: confinement of exercise of easement.) 22. The dominant owner must exercise his right in the mode which is least onerous to the servient owner; and, when the exercise of an easement can without detriment to the dominant owner be, confined to a determinate part of the servient heritage, such exercise shall, at the request of the servient owner be so confined. (Right to alter made of enjoyment.) 23. Subject to the provisions of Section 22, the dominant owner may, from time to time, alter the mode and place of enjoying the easement provided that he does not thereby impose any addition burden on the servient heritage. Exception. - The dominant owner of a right of way cannot vary his line of passage at pleasure, even though he does not thereby impose any additional burden on the servient heritage. (Right to do acts to secure enjoyment.) 24. The dominant owner is entitled, its against the servient owner, to do all acts necessary to secure the full enjoyment of the easement; but such acts must be done at such time and in such manner as, without detriment to the dominant owner, to cause the servient owner as little inconvenience as possible; and the dominant owner must repair, as far practicable, the damage (if any) caused by the act to the servient heritage. (Accessory rights.) Rights to do acts necessary to secure the full enjoy easement are called accessory right. (Liability for expenses necessary for preservation of easement) 25. The expenses incurred in constructing works, or making repairs, or doing any other act necessary for the use or preservation of an easement, must be defrayed by the dominant owner. (Liability for damage for want of repair.) 26. Where an easement is enjoyed by means of an artificial work, the dominant owner is liable to make compensation of any damage to the servient heritage arising from the want of repair of such work. (Servient owner not bound to do anything.) 27. The servient owner is not bound to do anything for the benefit of the dominant heritage, and he is entitled, as against the dominant owner, to use the servient heritage in any way consistent with the enjoyment of the easement; but he must not do any act tending to restrict the easement or to render its exercise less convenient. (Extent of easements) 28. With respect to the extent of easements and the mode of their enjoyment, the following provisions shall take effect: (Easement of necessity) An easement of necessity is co-extensive with the necessity, as it existed when the easement was imposed. (Other easements) The extent of any other easement and the mode of its enjoyment must be fixed with reference to the probable intention of the parties, and the purpose for which the right was imposed or acquired. In the absence of evidence as to such intention and purpose: (Right of way) (a) A right of way of any one kind does not include a right of way of any other kind; (Right of light or air acquired by grant.) (b) The extent of a right to the passage of light or air to a certain window, door on other opening, imposed by a testamentary or non-testamentary instrument, is the quantity of light or air that entered the opening at the time the testator died or the non-testamentary instrument was made; (Prescriptive right to light or air) (c) The extent of a prescriptive right to the passage of light or air to a certain window, door or other opening is that quantity of light or air which has been accustomed to enter that opening during the whole of the perceptive period irrespectively of the purposes for which it has been used; (Prescriptive right to pollute air or water) (d) The extent of a prescriptive right to pollute air or water is the extent of the pollution at the commencement of the period of user on completion of which the right arose; and (Other Prescriptive rights) (e) The extent of every other prescriptive right to pollute air or water is the extent of the pollution at the commencement of the period of user or completion of which the right arose; and (Other prescriptive rights) (f) The extent of every other prescriptive right and the mode of its enjoyment must be determined by the accustomed user of the right. (Increase of easement) 29. The dominant owner cannot, by merely altering or adding to the dominant heritage, substantially increase an easement. Where an easement has been granted or bequeathed so that its extent shall be proportionate to the extent of the dominant heritage, if the dominant heritage is increased by alluvion, the easement is proportionately increased, and if the dominant heritage is diminished by diluvion, the easement is proportionately diminished. Save as aforesaid, no easement is effected by any change in the extent of the dominant or the servient heritage. (Partition of dominant heritage) 30. Where a dominant heritage is divided between two or more persons, the easement becomes annexed to each of the shares, but not so as to increase substantially the burden on the servient heritage: provided that such annexation is consistent with the terms of the instrument, decree or revenue proceeding (if any) under which the division was made, and in the case of prescriptive rights, with the user during the prescriptive period. (Obstruction in case of excessive user.) 31. In the case of excessive user of an easement the servient owner may, without prejudice to any other remedies to which he may be entitled, obstruct the user but only on the servient heritage: provided that such user cannot be obstructed when the obstruction would interfere with the lawful enjoyment of the easement. CHAPTER IV. THE DISTURBANCE OF EASEMENTS. (Right to enjoyment without disturbance.) 32. The owner or occupier of the dominant heritage is entitled to enjoy the easement without disturbance by any other person. (Suit for disturbance of easement.) 33. The owner of any interest in the dominant heritage, or the occupier of such heritage, may institute a suit for compensation for the disturbance of the easement or of any right accessory thereto: provided that the disturbance has actually caused substantial damage to the plaintiff. Explanation I - The doing of any act likely to injure the plaintiff by affecting the evidence of the easement, or by materially diminishing the value of the dominant heritage, is substantial damage within the meaning of this section and Section 34. Explanation II. - Where the easement disturbed is a right to the free passage of light passing to the openings in a house, no damage is substantial within the meaning of this section unless it falls within the first Explanation, or interferes materially with the physical comfort of the plaintiff, or prevents him from carrying on his accustomed business in the dominant heritage as beneficially as he had done previous to instituting the suit, Explanation III. - Where the easement disturbed is a right to the free passage of light to the openings in a house, damage is substantial within the meaning of this section if it interferes materially with the physical comfort of the plaintiff, though it is not injurious to his health. (When cause of action arises for removal of support.) 34. The removal of the means of support to which a dominant owner is entitled does not give rise lo a right to recover compensation unless and until substantial damage is actually sustained. (Injunction to restrain disturbance.) 35. Subject to the provisions the Specific Relief Act, 1877, Sections 52 to 57 (both inclusive), an injunction may be granted to restrain the disturbance of an easement. - (a) If the easement is actually disturbed - when compensation for such disturbance might be recovered under this Chapter. (b) If the disturbance is only threatened or intended. - when the act threatened or intended must necessarily, if performed, disturbed the easement. (Abatement of obstruction of easement.) 36. Notwithstanding the provisions of Section 24, the dominant owner cannot himself abate a wrongful obstruction of an easement. CHAPTER V. EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENT. (Extinction by dissolution of right of servient owner.) 37. When, from a cause which preceded the imposition of an easement, the person by whom it was imposed ceases to have any right in the servient heritage, the easement is extinguished. Exception - Nothing in this section applies to an easement lawfully imposed by a mortgagor in accordance with Section 10. (Extinction by release.) 38. An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner. Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage. An easement may be released as to part only of the servient heritage. Explanation I - An easement is impliedly released: (a) Where the dominant owner expressly authorises an act of a permanent nature to be done on the servient heritage, the necessary consequence of which is to prevent his future enjoyment of the easement, and such act is done in pursuance of such authority; (b) Where any permanent alteration is made in the dominant heritage of such a nature as to show that the dominant owner intended to cease to enjoy the easement in future. Explanation II. - Mere nonuser of an easement is not an implied release within the meaning of this section. (Extinction by revocation.) 39. An easement is extinguished when the servient owner, in exercise of power reserved in this behalf, revokes the easement. (Extinction on expiration of limited period or happening of dissolving condition.) 40. An easement is extinguished where it has been imposed for a limited period, or acquired on condition that it shall become void on the performance or non-performance of a specified act, and the period expires or the condition is fulfilled. (Extinction on termination of necessity.) 41. An easement of necessity is extinguished when the necessity comes to an end. (Extinction of useless easement) 42. An easement is extinguished when it becomes incapable of being at any time and under any circumstances beneficial to the dominant owner. (Extinction by permanent change in dominant heritage.) 43. Where by, any permanent change in the dominant heritage, the burden on the servient heritage is materially increased and cannot be reduced by the servient owner without interfering with the lawful enjoyment of the easement, the easement is extinguished unless- (a) It was intended for the beneficial enjoyment of the dominant heritage, to whatever extent the easement should be used; or (b) The injury caused to the servient owner by the change is so slight that no reasonable person would complain of it; or (c) The easement is an easement of necessity. Nothing in this section shall be deemed to apply to in easement entitling the dominant owner to support of the dominant heritage. (Extinction on permanent alteration of servient heritage by superior force.) 44. An easement is extinguished where the servient heritage is by superior force so permanently altered that dominant owner call no longer enjoy such easement: Provided that, where a way of necessity is destroyed by superior force, the dominant owner has a right to another way over the servient heritage; and the provisions of Section 14 apply to such way. (Extinction by destruction of either heritage.) 45. An easement is extinguished when either the dominant or the servient heritage is completely destroyed. (Extinction by unity of ownership.) 46. An easement is extinguished when the same person becomes entitled to the absolute ownership of the whole of the dominant and servient heritages. (Extinction by non-enjoyment.) 47. A continuous easement is extinguished when it totally ceases to be enjoyed as such for an unbroken period of' twenty years. A discontinuous easement is extinguished when, for a like period, it has not been enjoyed as such. Such period shall be reckoned, in the case of a continuous easement, from the day on which its enjoyment, was obstructed by the servient owner or rendered impossible by the dominant owner; and, in the case of a discontinuous easement, from the day on which it was last enjoyed by and person as dominant owner: Provided that if, in the case of a discontinuous easement the dominant owner, within such period, registers, under the Indian Registration Act, III of 1877, a declaration of his intention to retain such easement, it shall not be extinguished until a period of twenty years has elapsed from the date of the registration. Where an easement can be legally enjoyed only at a certain place, or at certain times, or between certain hours, or for a particular purpose, is enjoyment during the said period at another place, or at other items, or between other hours, or for another purpose, does not prevent is extinction under this section. The circumstance that, during the said period no one was it] possession of the servient heritage, or that the easement could not be enjoyed or that a right accessory thereto was enjoyed, or that dominant owner was not aware of its existence, or that he enjoyed it in ignorance of his right to do so, does not prevent its extinction under this section. An easement is not extinguished under this section- (a) Where the cessation is in pursuance of contract between the dominant and servient owners; (b) Where the dominant heritage is held in co-ownership, and one of the co-owners enjoys the easement within the said period; or (c) Where the easement is necessary easement. Where several heritage are respectively subject to rights of way for the benefit of a single heritage, and the ways are continuous, such rights shall, for the purposes of this section, be deemed to be a single easement. (Extinction of accessory right.) 48. When an easement is extinguished, the right (if any) accessory thereto are also extinguished. (Suspension of easement.) 49. An easement is suspended when the dominant owner becomes entitled to possession of the servient heritage for a limited interest therein or when the servient owner becomes entitled to possession of the dominant heritage for a limited interest therein. (Servient owner not entitled to require continuance.) 50. The servient owner has not right to require that an easement be continued; and notwithstanding the provisions of Section 26, he is not entitled to compensation for damage caused to the servient heritage in consequence of the extinguishment or suspension of the easement, if the dominant owner has given to the servient owner such notice as will enable him, without unreasonable expense, to protect the servient heritage from Such damage. (Compensation for damage caused by extinguishment or suspension) When such notice has not been given, the servient owner is entitled to compensation for caused to the servient heritage in consequence of such extinguishment or suspension. (Revival of easement.) 51. An easement extinguished under Section 45 revives (ii) when the destroyed heritage is, before twenty years have expired restored by the deposit of alluvion; (b) when the destroyed heritage is a servant building and before twenty years have expired such building is rebuilt upon the same site, and (c) when the destroyed heritage is a dominate building and before twenty years have expired such building is rebuilt upon the same site and in such a manner as not to impose a greater burden on the servant heritage. An easement extinguished under Section 46 revives when the grant or bequest by which the unity of ownership was produced is set aside by the decree of a competent Court. A necessary easement extinguished under the same section revives when the unity of ownership ceases from any other cause. A suspended easement revives if the cause of Suspension is removed before the right is extinguished under Section 47. CHAPTER VI. LICENCES. ("Licence" defined.) 52. Where one person grants to another, or to a definite number if other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, he unlawful, and such right does not amount to an easement or an interest in the property, the right is called a licence. (Who may grant licence.) 53. A licence may he granted by any one in the circumstance and to the extend in and to which he may transfer his interests in the property affected by the licence. (Grant may be express or implied.) 54. The grant of a licence may be express or implied from the conduct of the grantor, and an agreement which purports to create an easement, but is ineffectual for that purpose, may operate to create a licence. (Accessory licences annexed by law.) 55. All licences necessary for the enjoyment of any interest, or the exercise of any right, are implied in the constitution of' such interest or right. Such licences ire called accessory licences. (Licence when transferable.) 56. Unless a different intention is expressed or necessarily implied, a licence to attend a place of public entertainment may be transferred by the licensee; but, save as aforesaid, a licence cannot be transferred by the licensee or exercised by his servants or agents. (Grantor's duty to disclose defects.) 57. The grantor of a licence is bound to disclose to the licensee any defect in the property affected by the licence, likely to he dangerous to the person or property of the licence of which the grantor is, and the licensee is not, aware. (Grantor's duty not to render propertye unsafe.) 58. The grantor of a license is bound not to do anything likely to render the property affected by the license dangerous to the person or property of the licensee. (Grantor's transfer not bound by licence.) 59. When the grantor of the licence transfers the property affected thereby, the transferee is not as such bound by the licence. (Licence when revocable.) 60. A licence may be revoked by grantor, unless- (a) It is coupled with a transfer of property and such transfer is in force. (b) The licensee, acting upon the licence, has executed a work of a permanent character are incurred expenses in the execution. (Revocation express or implied.) 61. The revocation of a licence may be express or implied. (Licence when deemed revoked) 62. A licence is deemed to be revoked- (a) When, from a cause preceding the grant of it, the grantor ceases to have any interest in the property affected by the licence; (b) When the licensee releases it, expressly or impliedly, to the grantor of his representative; (c) Where it has been granted for a limited period, or acquired on condition that it shall become void on the performance or non-performance of a specified act, and the period expires, or the condition is fulfilled; (d) Where the property affected by the licence is destroyed or by superior force so permanently altered that the licensee can no longer exercise his right; (e) Where the licensee becomes entitled to the absolute ownership of the property affected by the licence; (f) Where the licence is granted for a specified purpose and the purpose is attained or abandoned, or becomes impracticable; (g) Where the licence is granted to the licensee is holding a particular office, employment or character, and such office, employment or character ceases to exist; (h) Where the licence totally ceases to be used as such for an unbroken period of twenty years, and such cessation is not in pursuance of a contract between the grantor and the licensee; (i) In the case of all accessory licence, when the interest or right to which it is accessory to exist. (Licensee's rights on revocation.) 63. Where a licence is revoked, the licensee is entitled to reasonable time to leave the property affected thereby and to remove any goods which lie has been allowed to place on such property. (Licensee's rights on eviction.) 64. Where a licence has been granted for a consideration, and the licensee, without any fault of his own, is evicted by the grantor before he has fully enjoyed, under the licence, the right for which he contracted, he is entitled to recover compensation from the grantors.