Author Name:   Astha

The article discusses along with case laws the term benefit to arise out of land as defined under transfer of property.

Benefit To Arise Out of Land

The article discusses along with case laws the term ‘benefit to arise out of land’ as defined under transfer of property.

Land has been defined under immovable property as-
Land means surface of earth. It includes everything upon surface of land, under the surface of land. Anything upon the land, so long a sit is not removed from there, shall be part of land and as such an immovable property. Benefit is any right which is exercised over a land and by exercise of which any person gets certain profit or gain. Thus benefit which is derived from such land is also a immovable property.

Thus soil, water collected in pit underground streams, minerals underlying the surface of the earth are all part of the immovable property further reasonable space above the land is also part of the land.

Section 3(26) of General Clauses Act says that: “Immovable property shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth.”
According to section 3 of the Transfer of Property Act, 1882 and subsection 25 of the General Clauses Act 1897, which applies to the immovable property as included “land”, “benefit arising out of land” and the things attached to the earth, which means rooted in the earth or embedden in the earth, or permanently fastened to anything so embedded for its beneficial enjoyments”. The definition of “immovable property” in section 3 of the Transfer of the Property Act itself shows that definition contained in General Clauses Act. Section 3 of transfer of property act excludes standing timber, growing crops and grass from the definition of immovable property. These being able to be detached from the earth as the intention is of the owner. Thus the intention with regarding to timber trees crops and grass is not to make them permanent part of the land. In other words, all other interests in the land are integral to immovable property.

What constitutes immovable property in terms of land is wide enough to include the following situations-
-The right to lend the house under tenancy. The right of the tenant. Right under lease.
-The right to fishery, the water in the pond or river being an immovable property.
-Right to ferry, to transport people.
-Right to extract minerals from beneath the earth.
-Right to easement or right to way.
-Office of a heredity priest of a temple.
-Right to take forest produce, tendu leaves and soil for baking bricks.

Thus any interest or any benefit arising out of the immovable property that is the land, the nature of the land being a prime consideration.

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