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DR.

RAM MANOHAR LOHIYA NATIONAL


LAW
UNIVERSITY, LUCKNOW.

PROPERTY LAW-II
SYNOPSIS
ON
EASEMENT

Under The Guidance of:


Submitted by:-

Mr. Bhanu Pratap Singh Gulafsha


Asst. Professor (Law) Rollno.62
Dr. RMLNLU VI Semester

Signature of Professor Signature of student

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TABLE OF CONTENTS

1. Acknowledgement.................................................................................3

2. Objective...............................................................................................4

3. Hypothesis.............................................................................................4

4. Research methodology..........................................................................4

5. Research questions................................................................................4

6. Introduction...........................................................................................5

7. Tentative Chapterisation........................................................................6

8. Bibliography..........................................................................................6

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ACKNOWLEDGEMENT

I take this opportunity to express my profound gratitude and deep regards to my Assistant
Professor Mr. Bhanu Pratap Singh for his exemplary guidance, monitoring and constant
encouragement to give shape to this project. The blessing, help and guidance given by him
time to time shall carry me a long way in the journey of life on which I am about to embark.

I also take this opportunity to express a deep sense of gratitude to my respected seniors who
share their cordial support, valuable information and guidance, which helped me in
completing this task through various stages.

Lastly, I thank the almighty, my parents, brother, sisters and friends for their constant
encouragement without which this assignment would not have been possible.

Gulafsha

OBJECTIVE

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The objective of this project is to study the concept of easement and easementary rights
thoroughly.

HYPOTHESIS

An easement is a right which the owner of a property has to compel the owner of another
property to allow something to be done, or to refrain from doing something on the servient
element for the benefit of the dominant tenement. For example - right of way, right to light,
right to air etc. An easementary right is almost like a privilege, depriving which the owner of
one tenement has a right to enjoy regarding that tenement in or over the tenement of another
person, by reason of which the latter is obliged to suffer or abstain from doing something on
his own tenement for the advantage of the former.

RESEARCH METHODOLOGY

The methodology of the research is DOCTRINAL research methodology i.e. the method of
analysis is descriptive and analytical .While researching on the topic, various books and
internet sources have been consulted. For thorough study of project topic, all the possible
means and reasons have been used. The project topic has been elaborated to best of
knowledge and available information.

I would refer from various other sources such as newspapers, law journals and sites for
searching the relevant cases for making my final draft. I will include all relevant data related
to this topic in more detail in my final draft.

RESEARCH QUESTIONS
What are the meaning, nature and essentials of easements?
What is meant by the creation and acquisition of easements?
What is understood by the concept of extinction, suspension and revival of
easements?
What is Doctrine of prescription under easements?

INTRODUCTION

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An easement is a right which the owner of a property has to compel the owner of another
property to allow something to be done, or to refrain from doing something on the servient
element for the benefit of the dominant tenement.

For example - right of way, right to light, right to air etc.

An easementary right is almost like a privilege, depriving which the owner of one tenement
has a right to enjoy regarding that tenement in or over the tenement of another person, by
reason of which the latter is obliged to suffer or abstain from doing something on his own
tenement for the advantage of the former. Easementary right must possess the following
essentials:

i. Dominant and servient tenement

ii. Easement should accommodate the dominant tenement

iii. Easementary rights must be possessed for the beneficial enjoyment of the dominant
tenement.

iv. Dominant and servient owners must be different persons.

v. The easementary rights should entitle the dominant owners to do and continue to
do something or to prevent and continue to prevent something being done, or in
respect of , the servient tenement; and

vi. The something must be of a certain or well defined character and be capable of
forming the subject matter of a grant

Unlike a lease, an easement does not give the holder a right of "possession" of the property.
Therefore an easementary right is provided for specific relief from specific violations of
common basic rights. In the case of the right to way, any wrongful interference with the right
of way constitutes a nuisance. However, a right of way never entitles the grantee, or those
lawfully using the way under the grant, to the exclusive use of the land over which the way
does not exist nor every obstruction of the way amounts to an unlawful interference, and no
action would lie unless there is a substantial interference with the easement granted.

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TENTATIVE CHAPTERISATION

1. Meaning
2. Nature
3. Essential
4. Doctrine of Prescription
5. Creation and acquisition of easements
6. Extinction, suspension and revival of easements
7. Conclusion

BIBLIOGRAPHY

Dr. Poonam Pradhan Saxena, Transfer of property Act.


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