SYNOPSIS

INTRODUCTION

An easement is a right which the owner or occupier of a certain land possess, as such for the
beneficial enjoyment of that land to do something, or to prevent and continue to prevent
something being done, in or upon or in respect of certain other land not his own.

An easement is a privilege, without which the owner of one tenement has a right to enjoy in
respect of that tenement in or over the tenement of another person, by reason where of the
latter is obliged to suffer or refrain from doing something on his own tenement for the
advantage of the former.

The following six characteristics are essential for an easement-

(a) There must be a dominant and survient tenement

(b) An easement must accommodate the dominant tenement

(c) The rights of easement must be possessed for the beneficial enjoyment of the dominant
tenement.

(d) Dominant and survient owners must be different persons.

(e) The right should entitle the dominant owners to do and continue to do something or to
prevent and continue to prevent something being done, in or upon, or in respect of, the
servient tenement; and

(f) The something must be of a certain or well defined character and be capable of forming
the subject matter of a grant.

It forms a part of right of way is an affirmative easement – It entitles the owner of a right to
do a certain act and to continue to do it, namely pass over the land of the servient owner.
From this point of view it is called a positive easement. But a right of way also prevents the
servient owner from building of his land, or doing any other act in the enjoyment of his
proprietary rights on the land, which would interfere with the right of way. In fact, every right
of easement imposes on the survient owner a restrictive use and enjoyment of his own land
by him so that it may not interfere with the enjoyment of the right of easement by the
dominant owner. Easements are classified into positive or negative according to the
predominating factor of the particular exercised.

LITERATURE REVIEW

In the books on Property law in India various authors have discussed their point of views and
understandings of Easement rights privilege in Indian Scenario. The researcher has taken
extracts from them and have through a doctrinal and comparative approach tried to find a
measure of the point where easement rights end and torts such as trespass or nuisance begin.
HYPOTHESIS

The pr0ject will evaluate the different ways and aspects 0f Easement Rights 0n vari0us
aspects discussed in the research 0bjectives.

RESEARCH OBJECTIVES

 To Identify different types of Easement rights enforceable in India.

 To Identify the persons entitled to use such rights and the circumstances under which
this right can be invoked.
 To Identify the remedies available to the victim on violation of such rights.

RESEARCH QUESTIONS

 In what kind of situations can this right be invoked?

 Who can invoke such a right ?
 On violation of this right what remedies are available to the Plaintiff?

TENTATIVE BIBIOGRAPHY

 Transfer of Property 1882

 G.P Singh(Ed), “Ratanlal and Dhirajlal’s, THE LAW OF TORTS”, 25th Ed Reprint,
2008. Wadhwa and Company, Nagpur.
 R.K Bangia, “LAW OF TORTS”, 21st Ed, 2008. Allahabad Law Agency, Faridabad.
Ø W and H Rogers (Eds), “Winfield and Jolowicz, TORT”, 17th Ed, 2008.
Thompson, Sweet and Maxwell, London.
 Lord Hailsham, “HALSBURY LAWS OF ENGLAND”, 4th Ed, 1975. Butterworths,
London.