LLB · Semester 3 · Paper K-3004
Chaudhary Charan Singh University
Law of Property and Easement
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“Preliminary”, the complete chapter, exactly as it appears in the full notes.
| Basis | Actual Notice | Constructive Notice |
|---|---|---|
| Meaning | Direct, explicit knowledge communicated personally | Legal presumption where knowledge is implied by law |
| Nature | Real, conscious awareness of a fact | Equity-based fiction; person should have known |
| Trigger | Information from a reliable source with direct interest | Willful abstention or gross negligence in checking records |
| Legal Burden | Party must prove direct communication or actual knowledge | Law shifts burden; knowledge presumed once registration proved |
| Example | Buyer is directly told by tenant about existing mortgage | Buyer fails to check sub-registrar's office for charges |
| Key Case | Lloyds Bank Ltd. v. P.E. Guzdar & Co. (1929) | Tilakdhari Lal v. Khedan Lal (1920 PC) |
| Basis | Movable Property | Immovable Property |
|---|---|---|
| Meaning | Can be shifted without destroying its identity | Fixed to earth; cannot be moved without destruction |
| TPA Definition | Negatively defined: standing timber, crops, grass | Land, benefits from land, things attached to earth |
| Includes | Books, vehicles, furniture, money | Buildings, roads, hereditary allowances, fisheries |
| Registration | Generally not required | Compulsory under Sec 17 Registration Act if ₹100+ |
| Transfer | Completed by delivery or bill of sale | Requires registered instrument, attestation, delivery |
| Key Case | Shantabai v. State of Bombay (1958 SC) | Ananda Behera v. State of Orissa (1956 SC) |
Chapter by chapter, mapped to the LLB Semester 3 syllabus.
About the Law of Property and Easement paper and these notes.
The notes follow the Transfer of Property Act 1882 chapter by chapter: preliminary sections and notice, transfer by parties (Sec 5-53A), sale, mortgages and charges, leases, exchange, gifts and actionable claims, followed by the Indian Easements Act 1882.
Lis pendens means that while a suit over immovable property is pending, no party can transfer the property to defeat the other party's rights. The notes stress that such a transfer is not void; it remains subject to the result of the litigation.
Part performance is an equitable defence for buyers. Where a contract to transfer is in writing and signed, the transferee has taken possession in part performance and is willing to perform, the transferor cannot evict them on the ground of non-registration. The notes also compare it with English law.
The notes explain the rule "once a mortgage, always a mortgage" and what amounts to a clog on the equity of redemption, along with the six types of mortgage under Sec 58, mortgage vs charge, and the doctrines of marshalling and contribution.
The notes define an easement and its essential characteristics under the Indian Easements Act 1882 and distinguish it from a licence, along with acquisition by prescription and extinction of easements.
Topics tagged as repeated in the notes include mortgage and clog on equity, lis pendens, vested vs contingent interest, notice, part performance, lease vs licence, and easement vs licence.
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