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2.acquisition of Easement

An easement is a right to use another's land for a specific purpose without owning it. Ownership remains with the landowner but the easement holder has rights like access or right of way. Easements can be acquired through express grant, implied grant, prescription, or custom and can be held by co-owners, co-tenants, lessees, trespassers, possessors, or mortgagees. There are different types of easements like continuous/discontinuous, apparent/non-apparent, and permanent/limited.

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726 views4 pages

2.acquisition of Easement

An easement is a right to use another's land for a specific purpose without owning it. Ownership remains with the landowner but the easement holder has rights like access or right of way. Easements can be acquired through express grant, implied grant, prescription, or custom and can be held by co-owners, co-tenants, lessees, trespassers, possessors, or mortgagees. There are different types of easements like continuous/discontinuous, apparent/non-apparent, and permanent/limited.

Uploaded by

RAI SHAHZAIB MUMTAZ
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© © All Rights Reserved
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Download as PDF, TXT or read online on Scribd
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Q # 02: Define easement.

Explain the modes of acquisition of


easement and who can acquire easement.
1) Introduction
 An easement is a right of use the land of other person for a specific purpose without
possessing it. In other words, when someone is granted an easement, he is granted to use
the land but the title of ownership remains with the owner of the land. Actually an
easement is a right of way; according to this a person can use other person’s land to access
to the main road. Easement can only be taken if the person who has been granted
easement, is an owner of home locked land, in this situation he can take easement
otherwise he is not eligible to take easement

2) Meaning of easement
 An easement is a right of use the property of other person for a specific purpose without
possessing which is not yours

3) Definition of easement
 When someone is granted an easement, he is granted to use the land but the title of
ownership remains with the dominant tenement and the dominant owner only can use the
land without possessing it

4) Examples of right of easement


Following are the examples of right of easement. Details are as under

1) Right of way, a person who is possessor of a piece of land has a right of way.
2) Right of air, a person who is possessor of a piece of land has a right of air.
3) Right of free access to air, a person who is possessor of a piece of land has a right free
access of air.
4) Right of light, a person who is possessor of a piece of land has a right of light.
5) Right of privacy, a person who is possessor of a piece of land has a right of privacy.
6) Right of water flow, a person who is possessor of a piece of land has a right of water
flow that his used water to be flowed without any issue
7) Common rights, a person who is possessor of a piece of land has a lot of common rights
which have been recognized by the law.
8) Right of support, a person who is possessor of a piece of land has a right of support
means that he is to be provided safety
9) Right of prospectus, a person who is possessor of a piece of land has a right of
prospectus that if a person wants to publicize his business he can acquire this right
5) Modes of acquisition of easement
Following are the modes of acquisition of easement

1. By Express grant
 Express grant is a mode of acquisition of easement. Express grant is such grant which is
given by making a written agreement between the dominant tenement and dominant
owner for a specific purpose.it must be in writing and must be signed by both parties.
But the title of the land will remain with the dominant owner

2. By Implied grant
 Implied grant is a mode of acquisition of easement. Implied grant is such grant which
has been given without making any written agreement between dominant tenement
and dominant owner. There is no written document

3. By Prescription
 Acquisition of an easement by prescription means when one person gains the title of
rights of use of a certain land against the real owner under the legal rules. But dominant
owner will have to prove before the court that he is using the piece of land since a long
time

4. By custom
 Acquisition of an easement by custom is also a mode of acquisition. Such easement
which can be acquired by virtue of local customs. By the custom of a certain village such
as every farmer of the village can pass his cattle through the common fields such
acquisition of rights is called acquisition by custom

6) Persons Who can acquire easement


Following are the persons who can acquire easement. Details are being given below

1. Co-owner
 Under the easement act one of Co-owners can acquire an easement from the other co-
owners of immoveable property without their consent for the beneficial enjoyment of
the property. But in case of co-owner, he cannot transfer his rights to others without
the consent of co-owners

2. Co-tenants
 Under the easement act one of co-tenants can acquire an easement from other co-
owners without their consent for the beneficial enjoyment of the property. But in case
of co-tenants, he cannot transfer his rights to others without the consent of other co-
tenants
3. Lesser
 Under the easement act, a lesser being a possessor of the property can acquire
easement from his lessee for the beneficial enjoyment of the property

4. Trespasser
 Under the easement act, trespasser is a such person who is using the land of someone
else since a long period of time without any interruption, under the easement act, a
trespasser can acquire easement for the beneficial enjoyment of the property

5. Possessor
 Under the easement act, if a person who is using the piece of land for the time being
and a he is person is possession, he can acquire the easement without the consent of
real owner of the land for the beneficial enjoyment of the property

6. Mortgagee
 Under the easement act, a mortgagee being a possessor of the property can acquire
easement from his mortgager for the beneficial enjoyment of the property

7) Kinds of easement
Following are the kinds of easement. Details are as under.

Continuous easement Discontinuous easement


Apparent easement Non-apparent easement
Positive easement Negative easement
Urban easement Rural easement
Permanent easement Limited easement
Customary easement Public easement
Quasi easement Easement by necessity

8) Conclusion
 An easement is a basically rule according to which a person can use someone else land
without possession it for a specified purposes. There are certain types of easement such
as permanent and limited continue and discontinue, mentioned all easement requires
the permission of real owner or some of them require the judicial approval for use of
the land of other person. Easement holder cannot earn money in the shape of profit
from the land of other and easement holder is not permitted to construct builds on the
land of owner and is not allowed to make other changes on the land of the owner.
Easement holder only can use the land but the title of the ownership will remain with
the real owner of the property

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