ASSIGNMENT -2

TOPIC- ​EASEMENT

HARISH KUMAR GUPTA

ROLL NO.-16032
SR. NO. - 23

Q2. Explain the following: a) ​Continuous Easement

​b) ​Discontinuous Easement
​ c) A
​ pparent E
​ asement

ANS:-
​a) ​Continuous Easement-
● Continuous easements are those whose enjoyment is, or may be,
continued without the act of man. A right to receive light or air are
examples of continuous easements, because for their enjoyment
no act of man is needed.
● Continuous easements include easements for sewer pipes, drains,
light and air, or lateral support of a wall.
● It can be made without any interference.
● It adds a special quality to the property.

b)​ ​Discontinuous Easement

● A discontinuous easement is one that needs the act of man for its
enjoyment. A right of way is an example of discontinuous
easement, because for its enjoyment an act of man is needed and
the act is done on the soil of the servient owner.
● Example: right to passage; right to throw garbage on other’s land;
right to flow water etc.
c) ​Apparent E ​ asement
● An easement is apparent if its existence is evidenced by some
apparent sign, whether that sign be patent to everyone or whether
it can only be perceived on a careful inspection by a person
ordinarily conversant with the subject.
● A right of way on the servient tenement may be an apparent
easement or a non-apparent easement according to the
circumstances of each case.
● Where a right of way is shown by a permanent doorway and a
formed path, it is an apparent easement.
● But where there is neither permanent doorway nor a formed path,
the right of way cannot be said to be an apparent easement.

​ ​ILLustrations 
 
(a) A right annexed to B’s house to receive light by the window without
obstruction by his neighbour A. This is a ​continuous easement​.

(b) A right of way annexed to A’s house over B’s land. This is a
discontinuous easement​.

(c) Rights annexed to A’s land to lead water thither across B’s land by an
aqueduct and to draw off water thence by a drain. The drain would be
discovered upon careful inspection by a person conversant with such
matters. ​These are apparent easements​.