EASEMENTS

MODES OF ACQUISITION OF EASEMENTS

PRESENTED BY
EKAMJOT 2014ARA049
SHIKHA 2014ARA073
 DEFINITION
An easement is a right to use or enter on
to the real property of another without
possessing it.
Easements are helpful for provinding
pathways across two or more pieces of
property.
An easement is considered right in itself
at common law and is still treated as a
property in most jurisdictions.
 ESSENTIAL ELEMENTS
OF EASEMENTS
There must be a dominant and a
servient tenement.
The easement must accommodate the
dominant tenement, that is, be connected
with its enjoyment or its benefits.
The dominant and servient owners must
be different persons.
The right claimed must be capable of
forming the subject-matter of a grant.
WHO MAY ACQUIRE EASEMENTS?

An easement may be acquired by the owner of the

immovable property for the beneficial enjoyment of
which the right is created, or on his behalf, by any
person in profession of the same.
One of two or more co-owners of immovable
property may,as such, with or without the consent of
the other or others, acquire an easement for the
beneficial enjoyment of such property.
No lessee of immovable property can acquire, for the
benficial enjoyment of other immovable property of his
own, an easement in or other the property comprised
in his lease.
 MODES OF ACQUISITION OF
EASEMENTS
 Grant
 Prescription
 Easement of Necessity
 Quasi easement
 Court decision
 Customary easement
 Imposition
 Transfer
 Easement by prior use
 MODES OF ACQUISITION OF
EASEMENTS
• GRANT-
• It may be granted or reserved in a deed or other legal
instruments by the servient owner. The grant may be
express or implied from the circumstances and conduct of
the parties to the easement or it may be presumed from
long user or it may be inferred from some usage prevailing
in the locality.
• PRESCRIPTION-
• An easement by prescription is one that is gained under
principles of legal concept known as adverse possession
under this, someone other than the original property
owner gains use or ownership rights to certain property.
• CONDITIONS-
• There must be preexisting easement which have been enjoyed by
dominant owner.
• The enjoyment must have been-
1. Peacable
2. As of right
3. As an easement
4. Open
5. Without interruption
6. The enjoyment must hve been for a period of twenty years.

Illustration A suit is brought in 1883 for obstructing a right of way. The defendant
admits the obstruction but denies the right of way. The plaintiff proves that the
right was peaceably and openly enjoyed by him, claiming title thereto, as an
easement, and as of right, without interruption, from Ist January, 1862, to 1st
January, 1882. The plaintiff is entitled to judgment. Cases : Harischandra Prasad
v.Krishnamurthy, Heeralal v.Ramjeevan,Punitdas v. Kandalal Das.
CUSTOMARY EASEMENT-
Section 18 of the Act deals with Customary easements.
An easement may be acquired in virtue of a local
custom. Such easements are called customary
easements. A valid customary easement must be
possessed of the same characteristics as a valid custom.

Illustration By the custom of a certain town no

owner or occupier of a house can open a new window
therein so as substantially to invade his neighbor’s
privacy. A builds a house in the town near B’s house.
Athereupon acquires an easement that B shall not open
new windows in his house so as to command a view of
the portions of A’s house which are ordinarily excluded
from observation, and B requires a like easement with
respect toA’s house.
 EASEMENT OF NECESSITY-
 Easement without which the property cannot be
enjoyed at all. An easement of necessity is an
easement which the law creates by virtue of
doctrine of implied grant on the severance of the
common ownership of the tenements to meet the
necessity of a particular case.
 Illustration
 A lets a house to B for a particular business. B
has no access in them other than by crossing A’s
land. B is entitled to a right of way over that land
suitable to the business to be carried on by B in
the house.
QUASI EASEMENTS-
Quasi easements are conveniences to which an owner subjects
are part of his property for the benefit of another. Quasi
easement meant for better use and convenience of the
dominant tenement. Quasi easements exists in the property
even before the property divided in to two or more parts.
Illustartion
A sells B a house with windows overlooking A’s land. The light
passing over A’s land to the windows is necessary for enjoying
the house as it was enjoyed when the sale took effect.
Afterwards A sells the land to C. Here C cannot obstruct the
light by building on the land for takes it subject to the burdens
to which it was subject in A’s hands .
IMPOSITION-
Imposition is a voluntary creation of a right. Every owner of
land having a transferable interest in it, can impose over it an
easement to the extent of his own right.
Illustration
A is 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.
EASEMENT BY PRIOR-USE-
An easement may also be created by prior use. There are five
elements to establish an easement by prior use:
 Common ownership of both properties at one time
 Followed by a severance
 Use occurs before the severance and afterward
 Notice
 Necessary and beneficial
 Illustartion
A owns two lots. One lot has access to a public street and
the second is tucked behind it and fully landlocked. A's
driveway leads from the public street, across the first lot
and onto the second lot to A's house. A then sells off the
first lot but forgets to reserve a driveway easement in the
deed.
A originally had common ownership of both properties. A
also used the driveway during this period. A then severed
the land. Although A did not reserve an easement, the
driveway is obviously on the property and a reasonable
buyer would know what it is for. Finally, the driveway is
reasonably necessary for a residential plot;
Here, there is an implied easement.
TRANSFER-
Section 19 Of Easements Act provides, Where the dominant
heritage is transferred or devolves, by act of parties or by
operation of law, the transfer or revolution shall, unless a
contrary intention appears, be deemed to pass the easement
to the person in whose favour the transfer or devolution takes
place.
THANK YOU….