Right over other person’s property I Right of Way I Easement – Indian Judiciary – Free PDF Download

Easement

An easement is a right possessed by the owner or occupier of land which grants him the right to beneficial enjoyment over another person’s land which does not belong to him.
 For example right of way, sunlight, water, sewage etc.
The Indian Easements Act, 1882
 

• Easementary right must possess the following essentials:
• Dominant and survient tenement
• Beneficial enjoyment of the dominant tenement.
• Dominant and survient owners must be different persons.
• Positive and negative easement.

  Easements can be acquired by the following ways-

  1. By grant
  2. By necessit
  3. By prescription
  4. By custom

RIGHT OF WAY

• Public rights
• Private rights

RIGHT OF LIGHT& AIR

• REMEDIES

             Extinction of Easements

• Grantor ceases to have any right in the servient tenement.
• Expiry of time or happening of an event
• Extinction by release
• Termination of necessity
• When easement is not useful.
• Permanent  change in the Dominant Heritage
• Unity by ownership

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