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EASEMENT

EASEMENT
Easement rights An easement is a right which the owner or the 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 not his own. An easement is the right to use the real property of another without possessing it. Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond.

CHARACTERISTICS OF EASEMENT RIGHTS


Characteristics of Easement rights are as follows: 1) here must be dominant and a servient tenement! ") he easement must accommodate the dominant tenement. #) he right of easement must be possessed for the beneficial enjoyment of the dominant tenement $) %ominant and servient owners must be different persons. &) he right should entitle the dominant owner to do and continue to do something , or to prevent and continue to prevent something being done, in or upon, or in respect of servient tenement and ') hat something must be of certain or well defined character and be capable of forming the subject matter of grant.

EASEMENT RESTRICTIVE OF CERTAIN RIGHTS


%efinition : (ec ) of the *ndian Easements Act, 1++" contains Easements restrictive of certain rights. Easements are restrictions of one or other of the following rights: a) E,clusive right of enjoyment- he e,clusive right of every owner of immovable property .subject to any law for the time being in force) to enjoy and dispose of the same and all products thereof and accessions thereto.

b) b) /ights to advantages arising from situation- he right of every owner of immovable property .subject to any law for the time being in force) to enjoy without disturbance by another the natural advantages arising from its situation.

EASEMENT RESTRICTIVE OF CERTAIN RIGHTS


Easement /estrictive 0f Certain /ights 1eaning: /estrictive easements are also called 2negative easements,2 as their 2use2 is normally prohibitive, such as a common 2non-vehicular access2 easement as shown along a main thoroughfare where the governmental entity needs to restrict access. herefore a restrictive easement is a condition placed on land by its owner or by government that in some way limits its use, usually regarding the types of structures which may be built there or what may be done with the ground itself. 3or instance, if a leased piece of land is not precluded by 4oning laws .probably because it is not in a township) from having people inhabit it, and the government feels that for some reason living there would be especially unsafe, it may place a restrictive easement on the property stating that no one may live there. /estrictive easements are also fre5uently placed on wetlands .i.e., a conservation easement) to prevent them from being destroyed by development.

NATURAL RIGHTS AND EASEMENTS


6atural rights and easements: 6atural rights though resembling easements in some respect, are clearly distinguishable from them. he essential condition between easement and natural rights appears to lie in that is that easements are ac5uired restrictions of the complete rights of property or to put in another way, ac5uired rights abstracted from the ownership of one man and added to the ownership of another ,whereas natural rights are themselves part of the complete rights of ownership, belonging to the ordinary incidents of property and are factor enforceable in law. 6atural rights are themselves subject to restriction at the instance of easements. (ection ) of the *ndian Easement Act classifies the rights which are so capable of restriction

ILLUSTRATIONS TO THE RIGHTS


0wner of the land adjoining the public street has got a right to access at every point where his land adjoins 7ublic (treet. 6either the 8overnment nor the 1unicipality or any local body has got any right to put up any obstruction over the public street so as to prevent it from having any access to the adjoining land. *t has been repeatedly held that the owner of the land adjoining the public street has got a right of access at every point where his land adjoins public street. *n view of the above ratio the fencing of an iron fence put up between the land of the petitioner and that of the suit cart trac9 is illegal and on that ground alone the petitioners are entitled to an order of injunction as prayed for.

0wners right to enjoy limited by 1unicipal Act: :nder the ;ombay 1unicipal Corporation Act .iii of 1+++), the ;ombay 1unicipal Corporation has power to enter upon lands belonging to private owners , to ma9e connection between their main pipes and to lay the pipes forming connection through or under such lands , even without the owners permission , provided reasonable notice is given to them. 0wners right to build any structure on his land: 7arties may build whatever structure they please on their land, i.e., a <indu temple, by the side of a mos5ue, provided that they do not interfere with the free enjoyment of the neighbor=s property. he general rule of law is that the owner of one piece of land has a right to it in the natural course of user! unless, in doing so, he interferes with some right created either by law or by contract. his has been uniformly followed by the courts.

/ight of owner to build a ridge on his land: A person has a natural right, as owner of land, to raise a ridge on his own land, adjoining a highway, so as to prevent water flowing from such highway >into his garden !and the 1unicipality will be guilty of trespass and liable for damages, if it removes the ridge so put up. An injunction may be granted restraining such illegal act. Easement of discharging water: A right of easement to allow the water from the plaintiff=s mori and roof to fall on the defendant=s land will not entitle the plaintiff to claim that the land shall be 9ept open and unbuilt . he defendant can build ma9ing necessary arrangements to receive the water from the mori and roof and to carry it away.

Easement of discharging smo9e: ;uilding on the servient tenement: An injunction to restrain the servient owner from building on his land so as to interfere with the right of easement to discharge smo9e over such land may be granted. 1agistrate may ma9e an order to prevent riot- Any person is entitled to establish a mar9et on his own land, and the owner of a neighboring mar9et has no right of the suit for the loss which may ensue from the establishment of the new mar9et. his right is subject to the order of the 1agistrate to prevent riot,etc . 3undamental position as the right to build- right to build is concerned, the fundamental position is that every person is entitled to build right up to the limits of his own property. *n doing so , must not infringed the right of the owner of adjoining property . ;ut these rights have first to be ac5uired. *f they are not ac5uired then the fundamental position remains. *f the fundamental position is that a man is entitled to right upon the limit of his own property, then the mere fact that he e,ercises that right cannot be regarded as an actionable nuisance.

/ight of action in case of pollution of water of natural stream>A riparian proprietor has a right to the natural stream of water flowing through the land in its natural state! and if the water be polluted by a proprietor higher up the stream, so as the occasion damage in law, though not in fact, to the first mentioned proprietor, it gives him a good cause of action against the upper proprietor unless the latter have gained a right by long enjoyment or grant.? @hile in the case of riparian owners relief may be obtainable by the mere fact of pollution, even though there may not, in fact, be any sensible reduction of the comforts of the riparian owners in the case of persons, who merely have a right over the property not belonging to them damage , in fact, would have to be proved.

6atural right of passage arising out of the location of plots: 6atural rights are rights in rem ,that is enforceable against all who may violate them,and they are either affirmative, as rights to do something ,or a negative,as rights which every owner of immoveable property has, that his neighbor shall not disturb the natural conditions under which he enjoys his property.(ections ).b) of the *ndian Easement Act deals with rights to advantages arising out of situations have been dealt with. >it is to have all natural incidents and advantages , as nature would produce them ! there is a right to the light and heat that would come ,to all the rain that would fall to all the wind that would flow ! aright that the rain , which would pass over the land , should not be stopped and made to fall on it ! a right that the wind should not be chec9ed , but should be able to escape freely! and it were possible that these rights interfered with one having no right , no doubt an action would lie. ;ut these natural rights are subject to the right of the adjoining owners , who , for the benefit of the community , have and must have rights in relation to the use and the enjoyment of their property that 5ualify and interfere with those of their neighbours= rights to use their property in various ways in which property is lawfully and commonly used.?

@hether it is necessary to prove damage in an action by a lower owner to restrain higher owner from diverting water: >*n order to support an action by one riparian owner to restrain another from diverting the water beyond his riparian tenement it is not necessary that the plaintiff should proved that he has suffered any damage.? /ight of riparian owners-/emoval of a bund: o entitle a person for the removal of an emban9ment, constructed in a channel on defendant=s own land , there must be an actual infringement of the plaintiff=s right, and not merely some act by which the right is denied or ,5uestioned. Artificial water course- o riparian proprietors have the right to use water of a natural water course under certain restrictions. ;ut these rights have no application to a water course artificially constituted, and the mere fact of riparian proprietorship gives no right whatever over such a stream.

CONCLUSION
An easement is a right which the owner or the 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 not his own. An easement is the right to use the real property of another without possessing it. Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond. raditionally the permitted 9inds of uses were limited, the most important being rights of way and rights concerning flowing waters. he easement was normally for the benefit of adjoining lands, no matter who the owner was, rather than for the benefit of a specific individual.

Easements fre5uently arise among owners of adjoining parcels of land. Common e,amples of easements include the right of a property owner who has no street front to use a particular segment of a neighborAs land to gain access to the road, as well as the right of a 1unicipal Corporation to run a sewer line across a strip of an ownerAs land, which is fre5uently called a right of way. Easements can be conveyed from one individual to another by will, deed, or contract, which must comply with the (tatute of 3rauds and can be inherited pursuant to the laws of %escent and %istribution. /estrictive easement is a condition placed on land by its owner or by government that in some way limits its use, usually regarding the types of structures which may be built there or what may be done with the ground itself.