EASEMENTARY RIGHTS

Copyright infringement not intended

Picture Courtesy: https://cevnews.in/2023/07/the-importance-of-easement-rights-in-property-ownership/

Context: The Supreme Court's recent decision regarding the deposition of a Power of Attorney (POA) holder emphasises the limitations on their testimony, particularly regarding facts within their personal knowledge.

About Easement

• An easement is a right enjoyed by one person (the Dominant Owner) over the land of another person (the Servient Owner) for the beneficial enjoyment of the Dominant Owner's property. This legal concept allows for specific uses or actions on the Servient Heritage to benefit the Dominant Heritage without conferring ownership of the land itself.

Purpose of Easements

• The primary purpose of granting easements is to ensure that the owner or occupier of a property can fully utilise and enjoy their land. Easements facilitate practical and convenient access, use of essential resources like light, air, water, or passage over another's land.

Elements of Easementary Rights

• Dominant Owner: This is the person who enjoys the easementary right over the Servient Heritage. The easement benefits their property.
• Dominant Heritage: Refers to the land or property that benefit from the easement. The actions permitted by the easement contribute to the enjoyment of this land.
• Servient Owner: The owner of the land burdened by the easement. They must tolerate specific actions or uses on their land for the benefit of the Dominant Owner.
• Servient Heritage: This is the land over which the easementary right is exercised. The Servient Owner must allow certain uses or actions by the Dominant Owner.

Nature of Easements

• Non-Transferable: Easements do not involve the transfer of ownership of land. They are limited rights specific to certain actions or uses.
• Subject to Legal Framework: Easements are governed by legal principles and can be created, altered, or terminated according to the provisions of The Indian Easements Act, 1882.
• Legal Protection: Written documentation is advisable for easements to clarify rights and obligations, providing legal protection and clarity for both Dominant and Servient Owners.

Conclusion

• Understanding easementary rights is essential for property owners and land users as it defines permissible actions and obligations concerning land use. The legal framework provided by The Indian Easements Act, 1882 ensures that these rights are clearly defined, enforceable, and subject to legal principles, contributing to the orderly use and enjoyment of properties across India.

Source:

Verdictum

PRACTICE QUESTION Q. Which of the following best defines an easement? A) Ownership of a piece of land B) A limited right over another's land for the benefit of one's own property C) A contractual agreement between neighbours D) A type of leasehold interest in real estate Answer: B