Transfer of Property 1882

Made by: Haris Mehboob

ID: F2020117115
Right of easement

Introduction
• Definition
• Person Having right to enjoy His property over The land of Another
person for specific Purpose.

• Right to use real property Of another Without possessing it.

• In simple words we can say that right of Owner of property With the
help of Another person’s property.
Kinds of rights in Easement.
• Right of water.
• Right of Light.
• Right of Free access to air.
• Support
• Accomodation
• Right of privacy
Literal Meaning of Easement
• Literal meaning “ Act of easing” (Comfort).
OR
• Condition of Being eased.

• The legal definition of Easement

“ All rights In Re-Alina Of immovable Property is Called Easement Right.
Essential of Easement
• Dominant and Servient Heritage.

• Seperate owners.

• Beneficial Enjoyment of property.

• Positive or negative
Dominant and Servient

• The land for the beneficial enjoyment of which the right exists is
called the dominant heritage, and the owner or occupier thereof
the dominant owner; the land on which the liability is imposed is
called the servient heritage, and the owner or occupier thereof the
servient owner.

• 2 parties must be there to Enjoy The Right of Easement.

• One person has exclusive right over the land of other person.
• So existence of 2 seperate properties is essential.
Seperate Owners
• For exercising The right of easement, owners of the 2 properties shall
be different And not a single person.

• There will be no right of easement on the property on which the

owners are same.
Beneficial enjoyment of property
• It is done so that The right of enjoyment of property Should be done.

• Dominant owner( person who's having benefit expressly or implied)

• Servient ( Land effected)

Positive or Negative
• Dominant Owner does some act to enjoy his right over Land of
servient owner. (Positive )

• Negative word denotes the “Act of prevention”

• In this Dominant owner restricts servient owner from doing some act.
 Kinds of Easement
• Continous
1. No human intervention is there.
2. Provided by the nature.
(Right of Light, Air, water e.t.c)
• Discontinous
1. Human intervention is there
2. Act of a man
( Right of Way)
• Apparent
1. By Signs or arrows
(Sign boards, arrows) for benefit
2. Human Intervention is there.
• Non-Apparent
1. No external signs Or boards.
2. Are identified through nature.
3. No human intervention
4. God gifted
(Sunlight, air)
According to Easement act 1882
• Section 4 of Easement Act 1882 Defines the definition of Easement
and tells about Dominant and servient Owners.

• Section 5 Of Easement Act 1882 tells us about continous and

discontinous, apparent and non-apparent Easement.

• Section 6 Easement For limited time or condition.