Easements

The right to use another person’s land for a designated purpose

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. Easements most commonly grant
utility companies access for the purpose of installing and maintaining power,
phone, and cable lines, as well as for water drainage purposes
Dominant and servient tenement
The land to witch an easement is attached is called the dominant
tenement
the land upon which a burden or servitude is held is called the
servient tenement
The easement may be created in 3 ways
• by grant
owner of the land signs a deed giving the easement to the dominant tenement
Keeping the remainder of the land
• By reservation
owner of the lands grants entire parcel of the land except for the easement
they keep
• By prescription
It openly and continuously pass over a persons land for a certain period of the
Time
types

Typical easements are for access to another property, (redundantly often stated
"access and egress," since entry and exit are over the same path), for utility or
sewer lines both under and above ground, use of spring water, entry to make
repairs on a fence or slide area, drive cattle across, and other uses.
Utility Easement
Utility easements are areas of a property that were defined for use by
utility companies when the property was first put on a plat. They are
designated for overhead electric, telephone and television lines and
underground electric, water, sewer, telephone, and cable lines
Easement by Necessity
An easement by necessity allows an owner of a landlocked parcel to
cross over another's land to access a public road. Easements by
necessity are known as appurtenant. This means that they benefit a
particular piece of land, rather than an individual person.
negative easement
A negative easement is a promise not to do something with a
certain piece of property, such as not building a structure more
than one story high or not blocking a mountain view by
constructing a fence.
easement in gross
An easement in gross is a legal right to use another person's land
for as long as the owner owns that land or the holder of the
easement dies.
examples of right of easement includes-
• Right of way
• Right to discharge rainwater
• Right to sunlight etc
1. An easement is a certain right to use the real property of
another without possessing it.
2. It is the right of way which one landowner, A, may enjoy over
the land of another, B.
3. Easements are helpful for providing pathways across two or
more pieces of property.
4. Four types of easement:
a) Right-of-way(easements of way)
b) Easements of support (pertaining to excavations)
c) Easements of “light and air”
Rights pertaining to artificial waterways etc.,
5. Public and Private easement:
a) A private easement is held by private individuals or entities.
b) A public easement grants an easement for a public use.
6. Continuous and Discontinuous easement:
a) A continuous easement is one whose enjoyment is , or may
be, continual without the act on man.
b) A discontinuous easement is one that needs the act of man for
its enjoyments.

A right annexed to b
B house to recive light A HOUSE in B LAND
by the windows with out
obstruction by his neighbor A
7. Apparent and Non-apparent easement:
a) An apparent easement is one the existence of which is shown
by some permanent sign which, upon careful inspection by a
competent person, would be visible to him.
b) A non-apparent easement is one that has no such sign.
THE INDIAN EASEMENTS ACT, 1882
a. An Act to define and amend the Law relating to Easements and
Licenses.
b. An easements is a right which the owner or occupier of certain
land possesses, as such, for the beneficial enjoyment of that land, to do
and continue to do something, or to prevent and continue to prevent
something being done, in or upon , or in respect of, certain other land not
his own.
c. Easement for limited time or on condition – An easement may be
permanent, or for a term of years or other limited period.
d. The word Easement stands for the right to use another’s property.
It is a right, which the owner of a particular land enjoys over an adjacent
property, which he does not possess. It is the right over a property
belonging to someone else and not to the person claiming easement.
e. Grant is given by an agreement executed by the grantor in favor of
the grantee for a consideration. The grant becomes effective when the
grantee has the right to enter upon the grantor’s land.
f. Prescription means getting a right by continuous assertion of the
right, which has been in use for a long period of time.
g. Creation of an easement does no t mean transfer of property. In
the same manner, surrendering an easement right does not imply transfer
of property. Easement can be made, altered and released.
Modes of Acquisition of Easements
Express Grant
The easement can be acquired through express grant made by inserting
the clause of granting such a right in the deed of sale, mortgage or
through any other form of transfer. This involves expressing by the grantor
of his clear intention. If the value of the immovable property is Rs.100 or
above then it compulsory for it to be in writing and duly registered.
Implied Circumstances
Easementary right can be acquired in implied circumstances in the
following ways-
• Easement of Necessity
Section 13 of the act deals with this. This consists of the circumstances
where the owner or occupier cannot use his property without exercising
the right of easement over the Servient heritage. Thus, absolute necessity
is the test and the convenience.
For example– X sells his land to Y for agricultural purpose. Here, Y cannot
access his land without passing through Z’s land (his neighbour). Thus, this
is an easement of necessity.
When a joint property is partitioned amongst various coparceners and if
right of easement over one share of the property is essential for the
enjoyment of the share of the other coparcener then latter shall be
entitled to easement.
• Quasi (apparently )Easements
In the case of a person transferring his property to another person then-
• If an easement is continuous, apparent and necessary to enjoy, then in
such a case the transferee shall be entitled to it,
• If such an easement is continuous, apparent and necessary to enjoy the
said property, the transferor has a right to such easement over property
transferred by him
• In case of partition of the property of the joint family, if an easement is
continuous, apparent and necessary to enjoy the share of one coparcener over the
other coparcener, then he is entitled to such a right of easement.
Easements are quasi as those are arising out of circumstances, i.e. when common
properties are converted into tenements by way of sale, mortgage, partition or
through any other form of transfer. In such a case, there is an implied grant of right
of easement.
For example– P’s right attached to Q’s house to receive air and light through a
window without any obstruction by his neighbour. This is a continuous.
• Prescriptive Easements
Section 15 provides for this type. Following are the requisites-
• Right must be definite and certain,
• Right must have been independently enjoyed without any agreement with
the Servient owner,
• Must be enjoyed openly, peacefully and as of a right without any
interruption for a continuous period of 20 years and in respect of any government
land the period of non-interruption shall be 30 years.
• Customary Easements
An easement right can be acquired by virtue of a local custom.
This is known as customary easements. Section 18 of the Act
provides for it. For example- people lives in a particular city or
town having a right to bury the dead in a particular area or
riparian right to use water.
Extinction of Easements
Section 37 to 47 of the The Indian Easements Act, 1882,
provides for the mode of extinction of easements.
• Dissolution of Servient Owner’s right
In the situation where the grantor ceases to have any right in
the Servient tenement because of some reason, then the right
of easements ceases to exist as well. This has been specified
under Section 37 of the Act. For eg- X grants a piece of land to Y
for a period of 20 years in the year 1970. In the year 1971, Y
imposed an easement in favour of Z. In 1990 Y’s interest came to
an end. Thus, easementary right granted to Z ceases to end as
well.
• Expiry of time or happening of an event
When an easement is acquired on certain conditions or for certain
purpose or for certain period of time. On the fulfilment of such
condition or purpose or expiry of the time, the right of easement
extinguishes as well as in accordance with Section 6 of the Act.
• Extinction by release
Where in a situation the owner of the dominant heritage releases the
right of easement to the Servient owner, the right ceases to exist. Such
a release can be both expressly or impliedly made. For eg- P has a right
to discharge water through the eaves to Q’s yard. P authorized Q to
construct a building to such a height as not be able to discharge water.
Q builds it and P’s right comes to an end.
• Termination of necessity
When necessity terminates the easement of necessity terminates as
well. For example- A grants a piece of land to B on which easement of
necessity for B is the right of his way over A’s land. Later on, B
purchases a part of the A’s land over which he may pass to reach his
own land. Here, the necessity has ended and so does the easement.
• Useless Easements
When easement is of such a nature that is not useful or becomes
incapable of being beneficial at any time or under any
circumstances, then the right of easement ends.
• Permanent change in the Dominant Heritage
When the nature of the dominant heritage changes permanently
with increase in burden on tenement, then the right of easement
ceases to exist as the purpose of it was the beneficial enjoyment of
the dominant heritage. For example- A’s house is located such that
he has a right of way by passing through B’s house. Later, due to
earthquake, B’s house got cut off and thus, right of easement ends.
• Extinction by destruction of either of heritages
When either of heritages gets destroyed, the easement ends as it is
essential for two properties to exist for exercising the right.