Easement

Section 4 of the Indian

Easements Act, 1882;
easement is defined as
right which the owner or
the 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

Lease
Section 105 of the
Transfer of Property
Act, 1882:
A lease of immovable
property is a transfer of a
right to enjoy such
property, made for a
certain time, express or
implied, or in perpetuity,
in consideration of a price
paid or promised, or of
money, a share of crops,
service or any other thing
of value, to be rendered
periodically or on specified
occasions to the transferor
by the transferee, who
accepts the transfer on
such terms.

licence
Section 52 of Indian
Easements Act, 1882
defines Licence as under:
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 immovable
property of the grantor,
something which would, in
the absence of such
rights, be unlawful, and
such right does not
amount to an easement or
an interest in the
property, the right is
called a licence

Dominant estate
Servient estate

The transferor is called the

lessor, the transferee is
called the lessee, the price
is called the premium, and
the money, share, service
or other thing to be so
rendered is called the
rent.
The lessee is given the
exclusive possession of
the leased property

Licensor
lisencee

an easement is
acquired either by
assertive enjoyment by
the dominant owner or
by a negative covenant
between the parties or
by grant or by statute.
A right of easement is
not revocable at the
will of the grantor
easement is a right
appertaining to
property and can be
assigned with the

The licensee is given a

mere permissive right to
use and occupy the
licensed property for a
period of timeexpressly/impliedly.

Not revocable

It is a transferable
right i.e., if the lessor
sells the leased property
to any third party during

license is so revocable
It is only a personal
right i.e., if the licensor
sells the licensed property
to any third party the

property to which it is
annexed. right in rem
and is enforceable by
all and against all

the continuance of the

lease the purchaser is
bound by the existing
lease deed

If the lessor has to enter

the leased premises for
any inspection or repairs,
he can only after giving a
prior notice and obtaining
the prior approval from
the lessee

leave and license

agreement (if any)
automatically gets
terminated. right in
personam and therefore,
not so enforceable

The licensor is free to

enter his licensed
premises at any point of
time