Professional Practice I

Ar. Kalpeshkumar Patel

Easement
 Easement
An Easement is a right which the owner or occupier of certain land possesses as such,
for the beneficial enjoyment of the land :

1. To do and continue to do something; or

2. To prevent and to continue to prevent something from being done, in or upon, or in

respect of certain other land not his own.
 Easement
Dominant Heritage
The land for the beneficial enjoyment of which the right of easement exists is called
the Dominant heritage. In other words Dominant heritage is that land whose owner is
entitled to claim certain concessions from owner of other land. It is the owner of the
Dominant heritage who is benefited by the provisions of Easement Act.

Servient Heritage
The land on which the liability of beneficial enjoyment of the easement is imposed is
called Servient Heritage. The owner of the servient heritage has to be sacrifice as part
of his absolute right of enjoyment and ownership of his land for the beneficial
enjoyment of the land of Dominant owner.
 Easement
Continuous and Discontinuous Easement

Continuous Easement
There are easements whose enjoyment is continued without the act of man, e.g., right
to receive light from neighbour’s property is a continuous easement as no act of man
is required to do something. Similarly a drain under a property is also a continuous
easement.

Discontinuous Easement
It requires the act of man for enjoyment, e.g., right to take from neighbour’s tank are
the discontinuous easements which require a fresh act on every occasion
 Easement
The following are some of the important Easements

• Right to use and enjoy light and air from and over the property of the adjoining

owner ( easement of light and ventilation)

• Right to access from the adjoining owner’s land ( easement of way)

• Right to run and maintain water and drain pipes through the neighbour’s land (

easement of drainage and water supply)

• Right to flow of water

• Right of support for a building-

 Easement
Modes of Acquiring Easement
• By Grant
Easement Imposed by anyone or Authorities
• By Necessity
land is divided in to parts
• By Prescription
Acquired by long use
 Easement

Disturbance of Easement
When the peaceful enjoyment of the easement rights acquired by owner of the
Dominant tenement are interfered with it, it is said there is disturbance of the
easement rights
Thank You