force, easemnt-granted , consequence, no uniform law - common law.

Creation of an easement does not mean transfer of property. In the same manner,
surrendering an easement right does not imply transfer of property. Easement can be made,
altered and released. Easement right cannot be created or modified orally. It must be in a
written form. However, easements by prescription and custom need not be in writing.
exec-in favour, for what, express btw parites, permitted between grantor to grantee. consent, written or oral, effect-upon entering.
The grant becomes effective when the grantee has the right to
enter upon the grantor's land.

2/more-implied,
severed-absolute/adjoine
d. 1882-
partition- one share -
other share- examples.

if testator / bequest a prop and the enjoyment of prop is dependent on other prop, tranferor , testatee or
legatee is entitled.
 ex- access to air, use of light and land.
support from other person received peaceblty- law
protects

that easment becomes absolute.

exceptions- not granted as an easment/

limited period of time easemtn.
interruption- actual cessaion., obstruction,

bury the dead in particular area.

DS
R
RE
EX
TERM
USEL
PD
ALTER
DESTRUCT
UNITY
NON ENJ
ACCE
Such release can be made only in the circumstances and to the extent in and to which the dominant
owner can alienate the dominant heritage.
An easement may be released as to part only of the servient heritage.
IMPLIED RELEASE- when dominant epressly, any chnages, non user not an implied
continous, discontinous, discontinous-reg
place time.period - at diffp , t, p - not extinct,
Title: Understanding Remedies for Disturbance of Easements

Easements, those legal rights granting specific use of another's property, come with the expectation of peaceful enjoyment. However, situations
may arise where the owner or occupier of the dominant heritage faces interference, prompting the need for remedies. In such cases, legal
provisions offer solutions to address the disturbance of easements.

The Right to Enjoyment Without Disturbance (Section 32):

Easement holders, usually owners or occupiers of the dominant heritage, have the inherent right to enjoy their easements without disturbance
from any other party. For instance, if someone unlawfully obstructs a right of way over another's land, the affected party can seek compensation
for the obstruction.

Initiating a Suit for Disturbance (Section 33):

When substantial damage occurs due to the disturbance of an easement, the owner or occupier of the dominant heritage can file a legal suit for
compensation. Substantial damage includes acts likely to injure the plaintiff by affecting evidence of the easement or diminishing the value of the
dominant heritage.

Understanding Substantial Damage (Explanation I, II, and III):

Explanation I: Any act likely to injure the plaintiff or diminish the value of the dominant heritage constitutes substantial damage.
Explanation II: In cases of easements related to the passage of light, substantial damage includes interference with physical comfort or hindrance
to accustomed business.
Explanation III: For easements related to the passage of air, substantial damage refers to interference with physical comfort, irrespective of its
impact on health.
Cause of Action for Removal of Support (Section 34):
The removal of support, a critical element for dominant owners, only leads to a right to compensation when substantial damage is actually
sustained. This ensures that legal action is taken when the impact on the dominant heritage becomes significant.

Injunction to Restrain Disturbance (Section 35):

An injunction, a court order preventing a particular action, can be sought to restrain the disturbance of an easement. This can be granted if the
easement is already disturbed or if there is a credible threat that, if carried out, would disturb the easement.

Limitations on Self-Abatement (Section 36):

While Section 24 prohibits the dominant owner from personally abating a wrongful obstruction, Section 36 reinforces this, emphasizing that the
dominant owner cannot self-abate a wrongful obstruction of an easement.

Understanding the Legal Language:

Easement: A legal right to use another's property.
Dominant Heritage: The property benefiting from the easement.
Substantial Damage: Significant harm or negative impact.
In essence, these legal provisions ensure that those with easements can enjoy their rights undisturbed and have appropriate remedies when
faced with interference. The law aims to strike a balance, providing protection to easement holders while considering the necessity for legal action
based on the degree of disturbance and resulting damages.