EASEMENTS

Easements

RIGHT TO EASEMENTS- 1882

▪ DEFINITION
RIGHT POSSESSED BY OWNER / OCCUPIER OF CERTAIN LAND FOR
BENEFICIAL ENJOYMENT OF THE LAND

▪ BENEFICIAL ENJOYMENT
-TO DO & CONTINUE TO DO
- TO PREVENT OR CONTINUE TO PREVENT SOMETHING FROM BEING
DONE

CONNECTED WITH ENJOYMENT OF IMMOVABLE PROPERTY.

 Important Terms In Easement

DOMINENT SERVIENT
HERITAGE HERITAGE

▪ FOR WHICH BENEFICIAL ▪ ON WHICH EASEMENT IS

ENJOYMENT HAS BEEN CREATED.
CREATED. ▪ OWNER- SERVIENT
▪ OWNER- DOMINENT OWNER.
OWNER.
CHARACTERISTICS OF EASEMENT

OWNER / OCCUPIER IS NECESSARY

RIGHT- IMMEDIATELY SECURED FOR THE PRESENT AND FUTURE.

GETS TRANSFERRED AUTOMATICALLY.

RIGHT OVER SOME ONE ELSE’S LAND.

Rights which Resembles Easements

NATURAL CUSTOMARY
RIGHTS RIGHTS

▪ ARISE DUE TO ▪ ARISING OUT OF CUSTOMS

GEOGRAPHICAL IN FAVOUR OF LARGE BODY
CONFIGURATION OF PERSONS

Ex. Sloping site Ex. To burry the dead at certain

place
To perform Festivals
 Rights which Resembles Easements

▪ BENEFIT PROVIDED BY NATURE FOR THE ENJOYMENT

To receive air & light freely
Light should fall vertically/directly upon the land and
not be through adjacent plot
No right to pollute air
To support the land in its natural condition.
Ex. Foundation or Water Collection
Right to drain rainwater from higher plot to the lower
plot but not the Polluted water
 Ways of Acquiring Easement Rights

▪ BY PRESCRIPTION.

▪ BY CUSTOM. ▪ BY EXPRESS GRANT

▪ BY IMPLIED GRANT.
 Ways of Acquiring Easement Rights

▪ BY PRESCRIPTION
When any owner allows people to pass through his
land without any objection or obstruction for a
continuous period of 20 years (un obstructed) or
allows neighbour to enjoy light and air from his
property
▪ BY EXPRESS GRANT
▪ When any owner permits people to pass through his
land with full knowledge and consent or creates
some kind of right through written agreement it is
known as express grant.
▪Also known as a covenant.
 Ways of Acquiring Easement Rights
▪ BY IMPLIED GRANT.
▪ When any owner does some kind of act which
implies creation of certain right over his property
▪Ex. when owner sells rear portion of his property which
does not have independent access it is implied that
he will permit the purchaser to pass through his land

▪ BY CUSTOM.
▪ People enjoy certain rights - Use of land - Social
Activity- Continuous Period of 20 Years.
▪ Also known as “CONTINUOUS EASEMENT”.
Easement Rights
▪ EASEMENT OF JOINT PROPERTY
If land belongs to two or more owners, all have same
rights and privilege of ownership and enjoyment of
the property, hence no single owner can claim any
exclusive easement.
▪ PROJECTION OF EAVERS
- If the eaves of roof of one owner projects over the land of
another for a continuous period of 20 Years.
- Known as prescriptive easement.
- The servient owner cannot compel to the dominant owner to
remove the projected portion. He is required to allow him the
right without any obstruction.
- Such easement does not give dominant owner any other right
or title over the servient heritage.