NANSHAL BAJAJ 4TH YEAR B.ARCH SEC: B ROLL NO.: 170044 PROFESSIONAL PRACTICE I S.B.P.C.O.A.D. Q. Define Easement and explain its characteristics.
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 which is not his own.
Characteristics essential to an Easement
The following six characteristics are essential for an Easement. (a) There must be a dominant and servient tenement. (b) An easement must accommodate the dominant tenement. (c) The rights of easement must be possessed for the beneficial enjoyment of the dominant tenement. (d) Dominant and servient owners must be different persons. (e) The right should entitle the dominant owners to do and continue to do something or to prevent and continue to prevent something being done, in or upon, or in respect of, the servient tenement. (f) The something must be of a certain or well defined character and be capable of forming the subject matter of a grant.