EASEMENT ACT.

1
 INTRODUCTION
• DEFINATION -
• EASEMENT - An easement is a certain right to
use the real property of another without
possessing it.
• It is "best typified in the right of way which
one landowner, A, may enjoy over the land of
another, B.

2
ESSENTIAL ELEMENTS OF EASEMENTS
• There must be a dominant and a servient
tenement;
• The easement must accommodate the
dominant tenement, that is, be connected
with its enjoyment and for its benefit;
• The dominant and servient owners must be
different persons;
• The right claimed must be capable of forming
the subject-matter of a grant;
3
• DOMINANT AND SERVIENT ESTATE –
• Easements require existence of two parties:
The party gaining the benefit of the easement
- Dominant estate.
• The party granting the burden – Servient
estate.

4
 WHO MAY ACQUIRE EASEMENTS
• According to Section 12 ofThe Indian
EasementsAct, 1882.
• An easement may be acquired by the owner of
the immovable property for the beneficial
enjoyment of which the right is created, or on his
behalf, by any person in possession of the same.
• One of two or more co-owners of immovable
property may, as such, with or without the consent
of the other or others, acquire an easement for the
beneficial enjoyment of such property.
• No lessee of immovable property can acquire, for
the beneficial enjoyment of other immovable
property of his own, an easement in or over the
property comprised in his lease.
5
 TYPES OF EASEMENTS
• AFFIRMATIVE AND NEGATIVE EASEMENTS –
• An affirmative easement is the right to use
another's property for a specific purpose,
while a negative easement is the right to
prevent another from performing an
otherwise lawful activity on their property.

6
• PRIVATE AND PUBLIC EASEMENTS –
• A private easement is held by private
individuals or entities. A public easement
grants an easement for a public use, for
example, to allow the public an access over a
parcel owned by an individual.

7
• EXPRESS AND IMPLIED EASEMENTS –
• An express easement may be "granted" or
"reserved" in a deed or other legal
instrument. Implied easements are not
recorded or explicitly stated, but reflect the
practices and customs of use for a property.
They are very complex.

8
• EASEMENT BY NECESSITY –
• Necessity alone is an insufficient claim to
create any easement. A court order is
necessary to determine the existence of an
easement by necessity. This method of
creating an easement, being an active creation
by a court of an otherwise non-existent right,
will be automatically extinguished upon
termination of the necessity.

9
• EASEMENT BY PRIOR USE –
• Easements by prior use are based on the idea
that land owners can intend to create an
easement, but forget to include it in the deed.
Eg: A sells the front lot, but forgets to get an
easement for driveway access. An easement
may be created by prior use.

10
• Five elements to establish an easement by
prior use are:
• 1. Common ownership of both properties at
one time
• 2. Followed by a severance
• 3. Use occurs before the severance and
afterward .

11
• 4.Notice
• a.Not simply visibility, but apparent or
discoverable by reasonable inspection (e.g.
the hidden existence of a sewer line that a
plumber could identify may be notice enough)
5.Necessary and beneficial
• b.Reasonably necessary
• c. Not the "strict necessity" required by an
easement by necessity
12
 EASEMENTS AND LICENSES
• 1. An easement is a privilege to use or occupy
the land of another for a specific duration and
for a precise and definite purpose which is not
inconsistent with the owner's rights in the
property. License is the personal and
revocable permission to perform acts on the
land of another.

13
• 2. Easements - longer duration and generally
not revocable.
License – shorter and generally revocable.
• 3. Easements become part of the property.
Licenses are personal between the licensor
and licensee.
• 4. To the extent consideration is paid for the
right to use your neighbor's land, a license will
usually cost less than an easement.
14
 Rights
• Right to light, also called solar easement. The
right to receive a minimum quantity of light in
favour of a window or other aperture in a
building which is primarily designed to admit
light.
• Aviation easement. The right to use the airspace
above a specified altitude for aviation purposes.
Also known as aviation easement, where needed
for low-altitude spraying of adjacent agricultural
property.
• Railroad easement

15
 Utility easement, including:
• Storm drain or storm water easement. An
easement to carry rainwater to a river,
wetland, detention pond, or other body of
water
• Sanitary sewer easement. An easement to
carry used water to a sewage treatment plant.
• Electrical power line easement.
• Telephone line easement.
• Fuel gas pipe easement.
16
• View easement. Prevents someone from blocking
the view of the easement owner, or permits the
owner to cut the blocking vegetation on the land of
another.
• Driveway easement also known as easement of
access. Some lots do not border a road, so an
easement through another lot must be provided for
access. Sometimes adjacent lots have "mutual"
driveways that both lot owners share to access
garages in the backyard. The houses are so close
together that there can only be a single driveway to
both backyards.

17
• Beach access. Some jurisdictions permit residents
to access a public lake or beach by crossing
adjacent private property. Similarly, there may be a
private easement to cross a private lake to reach a
remote private property, or an easement to cross
private property during high tide to reach remote
beach property on foot.
• Dead end easement. Sets aside a path for
pedestrians on a dead-end street to access the
next public way. These could be contained in
covenants of a homeowner association, notes in a
subdivision plan, or directly in the deeds of the
affected properties.

18
 CONCLUSION
• Thus concluding, an easement is a right which
the owner of a property has to compel the
owner of another property to permit
something to be done, or to refrain from
doing something on the servient element for
the benefit of the dominant element.

19
THANK YOU

20