Easements: (Superseding natural rights)

According to Section 4 of the Indian Easement Act, 1882 Easement is defined as follows:

“An easement is a right which the owner or occupier of certain land possesses, as such, for the
beneficial enjoyment of that land,
1. to do and continue to do something, or
2. to prevent and continue to prevent something being done,
in or upon, or in respect of certain other land not his own.”

Natural Rights
1. Right to receive light which falls vertically on land
2. Right to receive air passing from own property
3. Right of support to land in its natural condition
4. Right to drain water from land at higher level to land at lower level
5. No right to pollute air
6. No right to receive light through adjacent plot
Customary Rights
1) Right to bury or cremate dead at a particular place
2) Right to use public place/ground for religious purposes by a community on certain occasions
3) Right to use a particular property by fisherman
4) Right to use a particular property by tribal people

EASEMENT RIGHT gets created IF OWNER OF PLOT no. 2

using the PLOT no. 1 to gain access to property from A B
Main Road for number of years, In case of private
property for 20 Years continuously and In case of
government property For 60 years continuously
2
PLOT 2 (ABCD): DOMINANT HERITAGE
C D
(Owner entitled to claim concession from owner of
other land)
PLOT 1 (CDEF): SERVIENT HERITAGE
1
(Owner of the other plot must sacrifice part of his E F
absolute right)
If Owner of plot 1 sells the plot, new owner will have to ROAD
allow this right of way to Plot 2 owner.

Easements are certain rights connected with enjoyment of immovable property.

1. Easement of Right of way
2. Easement of Light and Ventilation
3. Easement of Services and drains
4. Easements of support to land

Prof. Shashank Chakradeo VIII Sem, Professional Practice

Ancient lights: Windows of owner (A) building (constructed on the common boundary of plot A &
B) opening onto the neighbouring plot of owner(B) for drawing natural light in spaces of owner(A).
The building (A) is an old building constructed more than 20 years before. This establishes easement
right of Owner (A) to draw light form plot of owner(B). If owner (B) wants to construct a building, a
shaft will have to be provided for admitting light through the window of (A).

Prof. Shashank Chakradeo VIII Sem, Professional Practice

 Architects Role: Advise in respect of
1) Natural light/Ventilation
2) Services
3) Storm water drainage
4) Right of way
5) Right of soil support
• Easement rights get transferred to new owner automatically in case of sale of the either of
the property. (Dominant/Servient)
• Easement has an influence on the value of a property.
• Properties will have to have different owners to enjoy the easement.

Prof. Shashank Chakradeo VIII Sem, Professional Practice