What is easement in property law?
Definition- Section-4 of Transfer of Property Act 1882 defines “Easement” According to it “An easement is a right which the owner or occupier of certain land to do and continue to do something or to prevent and continue to prevent something being done in or upon in respect of certain another land not of his own.
How many types of easements are there as per Indian easement Act 1882?
Continuous and discontinuous, apparent and non-apparent, easements. — Easements are either continuous or discontinuous, apparent or non-apparent. A continuous easement is one whose enjoyment is, or may be, continual without the act of man.
What is Indian easement Act?
The Indian Easement Act, 1882, details the non-possessory rights of property, i.e., the use of the facilities of the property without the title and ownership of that property. 99acres.com examines the legal application of this Act and its relevance in property dispute proceedings.
What are types of easement?
Kinds/ Types of Easement – 5 of Easement Act deals with the types of easement. It provides that the easements are either continuous or discontinuous ,apparent or non apparent.
What is the purpose of an easement?
An easement gives a person the legal right to go through another person’s land, as long as the usage is consistent with the specified easement restrictions. Although an easement grants a possessory interest in the land for a specific purpose, the landowner retains the title to the property.
What are the classification of easement?
While easements serve a broad variety of purposes, they all tend to fall into one of two classifications from a legal point of view: an easement appurtenant or gross easement. An easement agreement is related to the land, and the easement continues with the new owner if the land is sold.
What are the two types of easements?
utility easements. private easements. easements by necessity, and. prescriptive easements (acquired by someone’s use of property).
What is easement in Indian easement Act?
The concept of easement has been defined under Section 4 of The Indian Easements Act, 1882. According to the provisions of Section 4, an easementary right is a right possessed by the owner or occupier of the land on some other land, not his own, the purpose of which is to provide the beneficial enjoyment of the land.
How many sections are in the easement act?
| Contents | |
|---|---|
| Sections | Particulars |
| 23 | Right to alter mode of enjoyment |
| 24 | Right to do acts to secure enjoyment |
| 25 | Liability for expenses necessary for preservation of easement |
What is disturbance easement?
Disturbance of easements is the lawful obstruction, or annoyances caused by the infringement of rights of easements.
What did the Indian easement Act of 1882 say?
Easement is defined under section 4 of the Indian Easement Act, 1882. An easement is a right which the owner or occupier of a certain land possess, as such for the beneficial enjoyment of that land to do something or to prevent and continue to prevent something being done, in or upon or in respect of certain another land not his own.
What are the different types of easement in India?
There are four different kinds of easements as classified by Section 5 of the Indian Easement Act: Continuous Easement– As the name suggests, this kind is of a continual nature without an act done by a person. For instance, a right attached to B’s house to receive sunlight by the windows without interference from his neighbour.
What does it mean to have an easement on land?
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.
What is the difference between an easement and a negative easement?
Whereas, the latter denotes an act of prevention. In a negative easement, the dominant owner prevents or restricts the servient owner from doing certain acts or acts. Note: Allowing a single act on servient land is not an easement, because easement assumes there is a continuation of the act.