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EASEMENT UNIT 1 Introduction

"Easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do or to prevent something in or upon, or in respect of, certain other land not his own."

EASEMENT UNIT 1  Introduction

The Indian Easements Act, 1882 is an important legislation in property law that governs easements, licenses, and rights over immovable property. Here's a structured overview for understanding and reference:


The Indian Easements Act, 1882

Enacted on: 17th February 1882Came into force: 1st July 1882Extent: Applicable to the whole of India except the State of Jammu & Kashmir (now applies due to reorganization), and subject to certain modifications in specific regions.


"Easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do or to prevent something in or upon, or in respect of, certain other land not his own."


S.4 of Easement Act defines an Easement. An Easement is a right which the owner or occupier of certain land possesses for the beneficial enjoyment of that land, to do or to continue to do something, or to prevent or to continue to prevent something being done in or upon or in respect of certain other land not his own Land includes those things that are permanently attached. Beneficial enjoyment includes any convenience or advantage or any amenity. The owner or occupier is the dominant owner and his land is the dominant heritage. The land on which the liability is imposed is called a servient heritage or tenament and the owner of that, is the servient owner.


Eg.: 'A' the owner of the house has a right of way over B's land. This is for the beneficial enjoyment of As house. This is an Easement. A is the owner of a house. He has a right of way over B's land to bring water from a stream. This is an easement.Eg.:

a) Right of way.

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