EASEMENT ACT 1882

An easement as defined under section 4 of the the Easement Act 1882 is a right which the owner or the occupier of a certain land possesses as such for the beneficial enjoyment of that land, to do or continue to do something or to prevent and continue to prevent something being done in aur upon certain other land not his own.

Anything that is permanently attached to earth say for example like a building also comes under this act.

Six ingredients for invoking easementry rights are as follows :

There must be a dominant and servient heritage.
An easement must accommodate the dominant owner.
Right of easement must be possessed for the benefit of the dominant heritage.
Dominant and servient owners must be different persons.
Right should entitle the dominant owner to do and continue to do something or prevent from not doing something.
Something must be of a certain or well defined character.

Section 5 deals with continuous and discontinuous easement.

Continuous easement is one whose enjoyment is continuous without human intervention example right to take water from a natural stream where human intervention is not required.
Discontinuous easement is one where human action is required like right created by walking on another man's land.

Classification of easements based upon aquisition

Express Grant (Sec 8)
Implied Grant (Sec 13)
Easement acquired by prescription (Sec 15)
Easement acquired by customs (Sec 18)

Comments

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