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Property Law

Right of Way, Light, Air and Prescriptive Easements in Indian Civil Law

An easement is a privilege without profit which the owner of one tenement has a right to enjoy over the tenement of another, such as a right of way or drainage.

Key Legal Takeaway

Under the Indian Easements Act, 1882, prescriptive easements (such as access to light, air, or path) are perfected by peaceable, uninterrupted enjoyment for 20 continuous years without permission from the servient owner.

1. Dominant vs. Servient Heritage

The land for whose beneficial enjoyment the right exists is the dominant heritage; the land on which the liability is imposed is the servient heritage.

2. Easement of Necessity vs. Prescriptive Easement

An easement of necessity arises when property becomes landlocked upon partition. A prescriptive easement is acquired by 20 years continuous open enjoyment.

3. Civil Suits for Protection of Easementary Rights

Filing suits for permanent injunction restraining neighbors from blocking paths, constructing walls across access ways, or obstructing drainage.

4. Extinguishment of Easements

Easements are extinguished by release, unity of ownership, cessation of necessity, or non-enjoyment for 20 years.

Frequently Asked Questions

No. If any alternate reasonable access exists, an easement of necessity cannot be claimed; it applies strictly where land is completely landlocked.

Through revenue passage records (Rasta entries in Shajra map) and long-standing customary usage.
Ramesh Chand Saini, Advocate
Legal Guidance Note | RCS & Associates (Advocates & Lawyers in Roorkee & Haridwar)

Founder: Ramesh Chand Saini (Ex-Senior Prosecuting Officer, UP | M.A., MBA, LL.M.) | Member: Amardeep Saini (Notary & Advocate)

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