Easement is nothing but beneficial enjoyment of land, of certain other land not his own.
The Essence of easement is that it should be a right over property belonging not to the person claiming the easement but to someone else.
Define easement ? Indian easement act 1882
Section 4, 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 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.
Who may impose easements?
Section 8, An easement may be imposed by any one in the circumstances, and to the extent, in.
And to which he may transfer his interest in the heritage on which the liability is to be imposed.
Illustration (a) A is tenant of B’s land under a lease for an unexpired term of twenty years, and has power to transfer his interest under the lease.
A may impose an easement on the land to continue during the time that the lease exists or for any shorter period.
Who may acquire easements? Section 12
An easement may be acquired by the owner if the immovable property for the beneficial enjoyment of which the right is created, or his behalf, by any person in Posession of the same.
One of two or more co-owners of immovable property may, as such, with or without the consent of the other or others, acquire an easement for the beneficial enjoyment of such property.
No lessee of immovable property can acquire, for the beneficial enjoyment of other immovable property of his own, an easement in or over the property comprised in his lease.
Transfer of property section 6(c) easement cannot Transfer
What may be transferred:- An easement cannot be transferred apart from the dominant heritage.
Dominant heritage:- The land for the beneficial enjoyment of which the right exists.
What are customary easements?
Section 18, An easement may be acquired in virtue of a local custom, Such easements are called customary easements.
Illustrations
(a) By the custom of a certain village every cultivator of village land is entitled, as such, to graze his cattle on the common pasture.
A having become the tenant of a plot of uncultivated land in the village breaks up and cultivates that plot.
He thereby acquires an easement to graze his cattle in accordance with the custom.
Rights of way and other easements UP land Revenue Code section 25
- In the event of any dispute arising as to the route by which a tenure holder, or an agricultural labourer shall have access to his land.
- or to the waste or pasture land of the village (other than by the public roads, paths or common land).
- Or as to the source from or course by which he may avail himself of irrigational facilities.
- The Tahsildar may, after such local inquiry as may be considered necessary, decide the matter.
- Decide with reference to the prevailing custom and with due regard to the convenience of all the parties concerned.
- He, may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force as may be necessary.
- And may recover the cost of such removal from the person concerned in the manner prescribed.