Easement
/ˈiːzmənt/
Property Law Term
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Definition
A right that the owner or occupier of land (dominant tenement) has over another's land (servient tenement) for a specific beneficial purpose — such as a right of way, right to light, or right to draw water. Governed by the Indian Easements Act, 1882. May arise by express grant, prescription (long use), necessity, or quasi-easement. An easement is attached to land, not to an individual.
Examples
Case Study
In Bachhaj Nahar v. Nilima Mandal (2008), the Supreme Court held that an easement of necessity arises over the property of the grantor, not any random neighbour. Courts must identify the correct servient tenement when granting easement rights.
Key Cases
Bachhaj Nahar v. Nilima Mandal
2008(2008) 17 SCC 491
Easement of necessity arises over the grantor's property. Courts must correctly identify the servient tenement. Discussed conditions for prescriptive easements under the Indian Easements Act.
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