Download Right of Easements: According to Easements Act and Common law Provisions and more Lecture notes Property Law in PDF only on Docsity! Easement An easement is a legal right to occupy or use another person’s land for specific purposes. The use of the land is limited, and the original owner retains legal title of the land. A legally binding easement must be made in writing, the exact location stipulated in the property’s deed. In most cases, even when the land in question changes hands, the easement remains in effect and subsequent owners are required to allow the easement owner to continue using the land as specified. In India law of easements are governed by Easement Act, 1882. Section 4 of this Act defines “easement” as the right to use another person’s land for a designated purpose. Essentials of Easements 1. Dominant and Servient Heritage For the enjoyment of right of easement, necessary existence of two properties i.e. dominant and servient heritage is a must. This is because as per the definition, it is the right exercised by the owner or occupier of one land for enjoying the benefit of his/her land, over the land of some other person. Dominant and servient heritage cannot be one. Thus, the existence of two properties and that to be separate from each other is essential. The easement right exists only when two heritages are adjacent to each other. 2. Separate owners For exercising the right of easements, owners of the two properties shall be different and not a single person. 3. Beneficial Enjoyment The object of easements is that the dominant owner enjoys it in a way which includes express and implied benefits. 4. Positive or Negative Easements can be both positive or negative. Former refers to a right through which the dominant owner does some act to exercise the right over the land of the servient owner. Whereas, the latter denotes an act of prevention. In a negative easement the dominant owner prevents or restricts the servient owner from doing certain act or acts. In a right of easement an owner of dominant heritage can do an act or prevent the servient owner from doing something but he cannot bind the servient owner to do something for him. Kinds/ Types of Easement: There are 6 types of easement under Section 5 of Easement Act, 1882. The type of easement depends on the type of property involved, the relationship of the parties, and the specific use for which the easement is granted. 1. Public Easement 2. Private Easement 3. Continuous Easement: 4. Discontinuous Easement: 5. Apparent Easement: 6. Non-apparent Easement: Public Easement A public easement grants a certain defined area of land for public use. An example would be the granting of public access of a portion of the landowner’s property for a park or touring. Private Easement Private easements occur when a property owner sells an easement to an individual. This may be for a number of reasons, including giving a neighbor driveway access, or sharing a sewer line or well with a neighbor. Continuous Easement: A continuous easement is one whose enjoyment is, or may be, continual without the act of man. Illustration: A right annexed to B’s house to receive light by the windows without obstruction by his neighbor A. This is a continuous easement. A continuous easement is extinguished when it is totally ceased to be enjoyed as such for an unbroken period of 20 years. Discontinuous Easement: A discontinuous easement is one that needs the act of man for its enjoyment. Illustration: A right of way annexed to A’s house over B’s land. This is a discontinuous easement. Apparent Easement: An apparent easement is one which is shown by some permanent sign which, upon careful inspection by a competent person, would be visible to him. Illustration: For example- There is a drain from A’s land to B’s land and from there it led to an open yard. This can be visible through a clear inspection and is an apparent easement careful inspection by a person familiar with such matters. These are apparent easements.