Indian easement act

This article is written by Parul Chaturvedi, from Dr R.M.L Law College, Bangalore. In this article, the author talks about the Indian Easement Act 1882, Section 52 and the relevant provisions to understand the concept and grant of licence in India. This article aims to differentiate between leases and licence along with licence and easement with a suitable illustration to understand how it deals with particular situations and cases . Table of Contents • • • • • • • • • • • • • • • • Introduction The term ‘easement’ is derived from the old Latin word ‘aisementum’ meaning ‘comfort, convenience or privilege’ and evolved into ‘a legal right or privilege to use anything other than one’s own’ from an early easement. It is the granting of a non-possessory property interest that grants the easement holder permission to use the land of another person. It is referring to the right that a man would sometimes have a licence is a personal right and granted to the individual doing something on the grantor’s immovable property is not creating value on the property itself. This is strictly a permissive right, which is the grantor ‘s personal privilege. This does not impose any duties and responsibilities on the individuals making the grant and is thus revocable except in such conditions specifically provided for in the Act itself. When granted, the license has no other effect of giving the licensee freedom to go to the land that would otherwise be lawful. Section 52 of Indian Easement Ac...

Jojy George Koduvath. Methods of Acquisition of Easements The Indian Easements Act, 1882 refers to the different methods by which easements are acquired. They are pointed out ( Ramkanya Bai v. Jagdish, AIR 2011 SC 3258) to be the following: • easements by grant: express grantby the owner of the servient heritage • easements of necessity:based on implied grantsor reservations made by the owner of a servient heritage at the time of transfers or partitions • easements by prescription:that it is presumedto beacquiredby peaceable and open enjoyment, without interruption for twenty years and • customaryeasements: it is inferredto beacquiredby virtue of a local custom. For easement by prescription, it is not necessary that the user should be exclusive, but the claimant should exercise it under some claim existing in his own favour independently of all others. ‘Grant’ in Law The term ‘ Grant’ is usedto denote- • A generic term to mean ‘transfer’ of immovable property (e.g., sale, lease, gift etc.). • But, in judicial parlance, it will not be an absolute ‘transfer’ of property; and remain as a concession, permission, settlement, grant ofeasementetc., if it is used in place of ‘transfer’ of property. • Present, aid, help etc., and the act of a settlor of trust, or of donor of a charity. • A technical term to denote conditional-transfer of lands by sovereign especially when it is purposefully used to differentiate from ‘transfer’ of property. • More than a licence (which does not cre...

Author Name: sujay_ilnu it is related to the concept of easement regarding certain restrictive rights with the owner of the property.... Easement of Restrictive Rights An easement is a right which the owner or the 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. An easement is the right to use the real property of another without possessing it. Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond. Characteristics of easement – 1) There must be dominant and a servient tenement; 2) The easement must accommodate the dominant tenement. 3) The right of easement must be possessed for the beneficial enjoyment of the dominant tenement ; 4) Dominant and servient owners must be different persons; 5) The right should entitle the dominant owner to do and continue to do something , or to prevent and continue to prevent something being done, in or upon, or in respect of servient tenement; and 6) That something must be of certain or well defined character and be capable of forming the subject matter of grant. Easement Restrictive Of Certain Rights Definition Sec 7 of the Indian Easements Act, 1882 contains Easements restrictive of certain rights. Easements are restrictions of one or other of the following ...

By default a property owners attains the right of way, the right to air or right to light, the right to build, the right to the uninterrupted flow of water. All these are known as the examples of a property owner's easement rights. The Indian Easement Act says that if a person has enjoyed these over a period of time, they have a valid right without any restriction, almost as though it were a privilege. Sample this. Ravish Menon built an independent house in the 1990s on a 1,200 square foot (sqft) of plot. Being one of the early ones to invest and construct in this particular area, Menon’s family enjoyed uninterrupted natural sunlight and air. In 2011, Kapil Singh and family moved to the adjacent plot and built a bigger house. Consequently, the construction blocked the light and air. Is there a legal remedy that Menon could turn to? At a time when going vertical is the norm, such issues are common and this is exactly where the easement right comes into the picture. What does the Easement Act say? “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,” reads the Indian Easements Act, 1882. The Act mentions four typical scenarios that qualify as easements: 1) For example, A as the owner of a certain house, has a right of way over his neighbour B'...