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Tejaswini pp2 Assignment 1

The document discusses easement rights in India. It defines an easement as a privilege allowing one to trespass or use another's land, originating from the Latin term for comfort and privilege. The Indian Easement Act of 1882 first provided the public easement rights. An easement grants the right to possess, perform, or prohibit certain acts on another's land for one's own benefit. There are different types of easements, including positive/affirmative easements allowing certain acts, continuous easements that can be continuously enjoyed, and apparent easements where signs visibly show the right.

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65 views

Tejaswini pp2 Assignment 1

The document discusses easement rights in India. It defines an easement as a privilege allowing one to trespass or use another's land, originating from the Latin term for comfort and privilege. The Indian Easement Act of 1882 first provided the public easement rights. An easement grants the right to possess, perform, or prohibit certain acts on another's land for one's own benefit. There are different types of easements, including positive/affirmative easements allowing certain acts, continuous easements that can be continuously enjoyed, and apparent easements where signs visibly show the right.

Uploaded by

tejaswini C gaur
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Easement right:

The easement provides a privilege to the common people or any other entity to trespass upon or to take
a land, which is owned by some other person, into use. The word ‘easement’ finds its origin from the
Latin term called ‘aisementum’, which means comfort, privilege and convince.

Indian Easement act 1882

The Easement Act in India can be dated back to 1882 which provided the public at large with the right to
an easement. It puts easement under the list of the rights provided to the people and states that the
easement is that right whereby the land is possessed by the owner or some other occupier of the land
for its beneficial use in a way that allows him to perform and continue to perform or to prohibit and
continue to perform or to prohibit and continue to prohibit something that is being done on a certain
piece of land that is not owned by him.

None of the English Laws give a proper definition of the easement. However, Lord Esher had thrown
light on the concept, in the matter of Metropolitan Railway v. Fowler and explained it as that right which
a person can exercise over a land which is not under his ownership.

Types of easement right:

There are certain types of easements that have to be taken into consideration. There are various types
of easements that range across the country. Some of them are as follows:

1. Positive or affirmative: these are the kinds of easements that authorise the dominant owner to
commit certain acts. For instance, the right of an aqueduct, right of drawing water from the
spring, right of way to name a few and negative easement is that which restricts or limits the
right granted to the servient owner over the property that belonged to him such as the
easement which prohibits a person to construct a building that causes obstruction of ancient
lights.

2. Continuous: the easements which can be enjoyed by the person continuously and without any
kind of obstruction by anyone such as the right to access the light and discontinuous easement
is the one which comes into existence only when a fresh act is conducted for exercising those
rights such as a right of drawing water, right of way to name a few.

3. Apparent: the easement which exists by virtue of the existence of visible external signs for
getting that right exercised such as a right to dam up a watercourse and non- apparent
easement is the one that arises even when the signs mentioned above are absent such as the
limitation applicable on the height of a building, right to get lateral support from the property
and so on.

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