CHAPTER I
OF EASEMENTS GENERALLY
EA 4. “Easement” defined.—
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.
Dominant and servient heritages and owners.—The land for the beneficial enjoyment of which
the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner; the land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof the servient owner.
Illustrations
E.g
When “A” is living in building “Z” and drawing water from plot “Y”.
(d) A, as the owner of a certain house and farm, has the right to graze a certain number of his own cattle on
B’s field, or to take, for the purpose of being used in the house, by himself, his family, guests, lodgers and servants, water or fish out of C’s tank, or timber out of D’s wood, or to use, for the purpose of manuring his land, the leaves which have fallen from the trees on E’s land. These are easements.
E.g A is having a cattle he can push them to B’s field for grazing
All these easement rights can be enjoyed only when staying in this dominant property.
E.g When there is any loss or trouble to the other owner the(servint owner) the dominant owner who is enjoying the easement right, will loose these rights
(e) A dedicates to the public the right to occupy the surface of certain land for the purpose of passing and repassing.
This right is not an easement.
E.g here the land owner has allowed the public to pass through for some years. Now the owner wants to build and close the plot. Now the public wants the path to be opened.
But the court rejected bcoz they are not dominant owners- they don't have any property next to the claimed easement right.
EA 5. 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.
A discontinuous easement is one that needs the act of man for its enjoyment.
An apparent easement is one the existence of which is shown by some permanent sign which, upon
careful inspection by a competent person, would be visible to him.
A non-apparent easement is one that has no such sign.
Illustrations
(a) A right annexed to B’s house to receive light by the windows without obstruction by his neighbour A.
This is a continuous easement.
(b) A right of way annexed to A’s house over B’s land. This is a discontinuous easement.
(c) Rights annexed to A’s land to lead water thither across B’s land by an aqueduct and to draw off water thence by a drain. The drain would be discovered upon careful inspection by a person conversant with such matters. These are apparent easements.
E.g what is the proof, where is the drain that is passing through the land. Apparent means - visible.
(d) A right annexed to A’s house to prevent B from building on his own land. This is a non-apparent easement.
E.g thulasi and Gou are neighbours, after 50 years when the grandchildren came to visit, they cannot understand why was any building constructed. No visible reasons found- this is non-apparent easement.
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6 Jan 2021
CHAPTER II
THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS
EA 8. Who may impose easements.—
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.
Illustrations
(a) A is a 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.
E.g A is the tenant and has the power to transfer his interest - in this case.
EA 9. Servient owners.— important sec
Subject to the provisions of section 8, a servient owner may impose on the servient heritage any easement that does not lessen the utility of the existing easement. But he cannot, without the consent of the dominant owner, impose an easement on the servient heritage which would lessen such utility.
E.g
There are 2 crops “A” - dominant owner enjoying easement right on the adjustment crop from “B”
Here whatever rule or adjustment is made must not change the right of easement.
Eg. now you were using the tracker though the middle of the land and now u will use the right of the land path
Illustrations
(a) A has, in respect of his mill, a right to the uninterrupted flow thereto, from sunrise to noon, of the water
of B’s stream. B may grant to C the right to divert the water of the stream from noon to sunset: provided that
A’s supply is not thereby diminished.
Legal terms : wherever there is “or” then they are the First party
EA 10. Lessor and mortgagor.— important sec
Subject to the provisions of section 8, a lessor may impose, on the
property leased, any easement that does not derogate from the rights of the lessee as such, and a mortgagor may impose, on the property mortgaged, any easement that does not render the security insufficient. But a lessor or mortgagor cannot, without the consent of the lessee or mortgagee, impose any other easement on such property, unless it be to take effect on the termination of the lease or the redemption of the mortgage.
E.g : whatever may impose, the value of the security must not be decreased.
When a gold ring is pledged for security. When a gold ring is cut into half, the value of the gold ring is reduced.
Explanation.—
A security is insufficient within the meaning of this section unless the value of the
mortgaged property exceeds by one-third, or, if consisting of buildings, exceeds by one-half, the
amount for the time being due on the mortgage.
EA 11. Lessee.— important sec
No lessee or other person having a derivative interest may impose on the property
held by him as such an easement to take effect after the expiration of his own interest, or in derogation of the right of the lessor or the superior proprietor.
E.g A has taken the land for 10 months lease, can only enjoy the easement right till the end of 10 months right.
E.g when the owner has sold the plot to a new person. Now the new owner has imposed restrictions or reduced the easement rights. Then the new imposed easement rights will take place.
CHAPTERVI
LICENSES
EA 52. “License” defined.— important sec
Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.
E.g Easement or interest is not license
Legal terms : only immovable property can get a license under the easement act.
EA 53. Who may grant license.—
A license may be granted by any one in the circumstances and to the extent in and to which he may transfer his interests in the property affected by the license.
E.g anyone who has the interest in that property and until the permitted interest for the owner, can allow the license.
Legal term : FIR Is registered and Case is filed, FIR cannot be squashed in Cognizable offences. 320 CRPC regarding compoundable offences.
Minor Acts are dependent on Major acts : this is the reason called as Criminal Major Acts
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