Easement
Easment generally means a right which the owner or occupier of certain land possesses upon the land of another person.
Section 4 of the indian Easment Act defines as a right which the owner or occupier of certain land possesses for the beneficiaal enjoyment of that property.In such beneficial enjoyment he may do and continue to do something or he may also prevent and continue to prevent something done in respect of any other land.
Characteristics:
The characteistic of easement are divided into four ways.
They are:-
1. Appurtenance
2. Right in Re aliena
3. Beneficial to the dominant property and
4. Dominant and servient heritage.
1. Appurtenance :
"Appurtenance" means the right of the owner to possess the property and enjoy it.The easemnet are annexed to the ownership of some land.
2. Right in Re aliena :
An easement is a "Right in Re aliena".It is the right over the property of another person.It differs from a right in nre-propria,which is the right over one's own property.The person having the right of easement is called "Dominant Owner" and the properties are dominant properties.The person who allows such easementary right is called the "Servient Owner" and the properties are called the servient properties.
3. Beneficial to the dominant property :
The easementary right is authorized for the beneficial enjoyment of the dominant property.Prof.Gael obsreves that beneficial enjoyment of the dominant property is an essential requirement of easement.
4. Dominant and servient heritage :
The land for which the beneficial enjoyment of right exists is called the "Dominant Heritage".The owner or occupier of such dominant heritage is called the "Dominant owner".The land on which the liability for the beneficial enjoyment of the dominant heritage is imposed,is called Servient heritage.The owner or occupier of such servient heritage is called "Servient Owner".
Examples of Easements :
1. "A" the owner of a certain house,has right of way over his neighbour "B"'s land for beneficial enjoyment of the house.
2. "A" the owner of a house has the right to take the leaves which have fallen from the trees on "B"'s land for the purpose of grazing "A"'s cattle or to be used by his family members.This is an Easement.
Types of Easements :
The types of easement is divided into six types.
They are:-
1. Positive and Negative Easement
2. Apparent and Non-Apparent Easement
3. Continuous and Discontinuous Easement
4. Easement for a limited time
5. Conditional Easement and
6. Easement of Necessity and Quasi Easement
1. Positive and Negative Easement :
Positive Easement enables the domainant owner to commit some positive act upon the servient property. For example Right of Walking,Right of Placing advertising board,etc..,
Negative Easement enables the dominant owner to prevent the servient owner from doing certain acts. For example preventing the servient owner from construction of a building to stop the supply of air.So it imposes a duty upon the servient owner.
2. Apparent and Non-Apparent Easement :
Apparent easement is visible to the eye.It is evidenced by its existence. For example the right to take water from the servient land.
Non-apparent easement is not visible to the eye. It is evidenced by its existence. For example drainage facilities.
3. Continuous and Discontinuous Easement :
Continuous easement is effected without any intervention of the act of a man. For example continuous flow or water in drainage,the right to receive continuous sunlight etc.,are all continuous easement.
Discontinuous easement is effected only by the intervention of the act of a man. For example right to walk over the servient land is discontinuous easement.
4. Easement for a limited time :
An easement may be permanent or for particular period of years subject to periodical interruption.It may also be exercisable only at a certain time or between certain hours.It may also be for particular purpose.
5. Conditional Easement :
An easement may be subject to a condition that it shall commence or it shall become void or voidable on the happening or non happening of a specified event.It may also depend on the performance of a specified act.
6.Easement of Necessity and Quasi Easement :
An easement of necessity is an easement created to meet the need for the necessity of a particular case.Peakcock observes taht easement of necessity arises by the doctrine of implied grant to the need or the exigency in a particular case.
Quasi easement are covenants which the servient owner must grant for the benefit of the dominant owner.They resemble easements in many ways but lack one of the essentials of valid easements.They are termed as Quasi easements.
This aritcle is very useful to all,to know the Easements.
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