TYPES OF EASEMENTS RECOGNIZED UNDER THE EASEMENT ACT, 1882
The Indian Easement Act of 1882 provides a comprehensive framework for understanding and regulating easements in India. Easements are rights enjoyed by one person over the immovable property of another. The Act categorizes easements into various types, each serving a specific purpose. Here are the key types of easements recognized under the Easement Act, 1882:
- Appurtenant and In Gross Easements:
- Appurtenant easements are attached to the ownership of a particular property and benefit the property owner directly.
- In gross easements are personal rights not tied to any specific property but granted to an individual for personal use.
- Positive and Negative Easements:
- Positive easements involve the right to do something on the servient land, such as a right of way.
- Negative easements prevent the owner of the servient land from doing something, such as blocking the light or obstructing a view.
- Continuous and discontinuous Easements:
- Continuous easements are those that are used without the need for human intervention, like a watercourse.
- Discontinuous easements require human effort for utilization, such as a right of way.
- Prescriptive Easements:
- A prescriptive easement is acquired through open, continuous, and uninterrupted use of another’s property for a statutory period, typically 20 years.
- Easements of Necessity:
- These easements arise when the dominant owner has no other means of access to his property except through the servient property.
- Easements of Light and Air:
- Protects the right to receive light and air through defined apertures, preventing obstruction by the owner of the servient land.
- Easements of Support:
- Ensures the right to receive support from the servient land for structures on the dominant land, such as buildings or walls.
- Easements of Water:
- Involves the right to use water, either from a natural source or from artificial arrangements like pipes or tanks.
- Easements of Way:
- Grants the right to pass over another person’s land, ensuring convenient access to the dominant land.
- Easements for Pasture:
- Allows the dominant owner to graze animals on the servient land.
Understanding these various types of easements is crucial for both property owners and legal professionals to ensure the proper use and protection of property rights. The Indian Easement Act, 1882, plays a pivotal role in providing a legal framework that balances the rights of both dominant and servient owners concerning easements.
