Easement

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

Easement-

Tanmoy Mukherjee

Advocate

Meaning

An easement is a right enjoyed by the owner or occupier of one land (dominant heritage) over another’s land (servient heritage) for the beneficial enjoyment of his own land.

Section 4 – Indian Easements Act, 1882

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

Essential Elements of Easement

Dominant Heritage – land which enjoys the right

Servient Heritage – land over which the right is exercised

Different Owners – both lands must belong to different persons

Beneficial Enjoyment – the right must benefit the dominant land

Permanent Nature – not for temporary use

Types of Easements

Continuous & Discontinuous-

Continuous – enjoyed without human act

Example: Right to light and air

Discontinuous – needs human action

Example: Right of way

Apparent & Non-apparent-

Apparent – visible signs

Example: Drain, window

Non-apparent – no visible sign

Example: Right to restrict construction

Positive & Negative-

Positive – to do something

Example: Right to pass through land

Negative – to prevent something

Example: Preventing construction blocking light

Modes of Acquisition of Easement

→By Express Grant

→By Implied Grant

→By Prescription (Section 15 – 20 years continuous use)

→By Necessity

Example: Landlocked property

→By Custom

Reference. Case-

Manikayala Rao v. Narasimhaswami (AIR 1966 SC 470)

Continuous, peaceful, and open enjoyment is essential for prescriptive easement.

Extinction of Easement

An easement is extinguished:

→By permanent change in property

→By unity of ownership

→By release

→By non-enjoyment (20 years)

→By destruction of subject matter

Difference: Easement vs License

Easement	License
Interest in land	No interest in land
Transferable	Non-transferable
Permanent	Temporary
Right in rem	Right in personam

 

Reference. Cases

Rajroop Koer v. Abul Hossein (1880) – Easement must benefit dominant heritage.

Dakshinamurthi v. Thulja Bai – Easement of necessity ends when necessity ends.