EASEMENT

NAME – Ria Gurbani

Roll No- 16031
Dr.D.Y.Patil College of Architecture
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PROFFESSIONAL PRATICE
ASSINGMENT-2
EASEMENT
Q 2) Explain the following. a) Continuous easements. b)
Discontinuous easements. c) Apparent easement.
Ans.
Easement -An easement is a right which owner or occupier possess on a
certain land for the beneficial enjoyment of the land or property, which he/she
does not possess. It is the right over a property belonging to someone else and
not to the person claiming easement.
EASEMENT

CONTINUOUS DISCONTINIOUS

APPARENT

NON
APPARENT

a) Continuous Easement-
 Continuous easements are the one whose enjoyment may be continued
without the intervention of any human conduct or act of a man.
 There is no interference by a man and it adds special quality to the
property.
 It is an continuous act on servient property.
 Example: Right to receive light and air; to flow water on other's land by
drainage; drainage passing through other's land; right to repair etc.
Illustration - A right annexed to B’s house to receive light by the windows
without obstruction by his neighbour A. This is a continuous easement.

EASEMENT
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b) Discontinuous Easement
 Discontinuous Easement is one that needs the act of man for its
enjoyment.
 It is opposite of continuous Easement.
 It is necessary that human act should be done on the land of servient
owner.
 He/she may do few times a day or once in a while, but if there is an act of
man it is an discontinuous Easement
 Example: right to passage; right to throw garbage on other's land; right to
flow water etc.
Illustration - A right of way annexed to A's house over B's land.

Discontinuous Easement
c) Apparent Easement
 An apparent easement is something the existence of which is seen by
some permanent sign, upon careful inspection by a competent person
would be visible to him.
 It is also known as express easement.
 Its existence is appears from any permanent sign.
 An easement of light and air is an apparent easement because the
existence of an ancient light can be seen.
Illustration- Rights annexed to A's land to lead water thither across B's land by
an aqueduct and to draw off water thence by a drain. The drain would be
discovered upon careful inspection by a person conversant with such matters.

EASEMENT
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Apparent Easement Non Apparent Easement

d) Non apparent easement
• It is also known as invisible easement.
• It is in use but there is no visible sign or proof of the being used.
• It cannot be seen by a competent person.

EASEMENT