Indian Easement Act, 1882 Section 52

(Right of way)

PRESENTED BY SUBRATO DUTT

Advocate
• Indian Easement Act, 1882 Section 52 (Right of way)
What is easement?
 An easement right is a privilege annexed to some property to be enjoyed by owner or occupier for
the beneficial enjoyment of that land. That means a right of use over the property by another who is
not the owner.
 Example: the property that carries a right to use a portion of a neighboring property is called
easement.
Dominant tenement
 The party gaining the benefit of the easement.
Servient tenement
 The party granting the benefit or suffering the burden.
Types of Easement
 Express easement- created by written agreement by both the parties
 Implied easement- by the conduct of the party
 Prescriptive easement- for a certain number of years
Termination of easement
 By express agreement
 Abandonment
 Merger
 Ending of the necessity
 Law-General
• Laws of evidence
• The Indian Evidence Act of 1872
1. Burden of proof
• In a law of evidence the necessity or the duty of providing a fact or facts in dispute on
an issue raised between the parties in a cause
• On the basis of which court/adjuvating authority comes to a conclusion and decides the
claim/rights of the parties in a court of law.
2. Presumption
• An inference in favor of a particular fact
• A legal device which operates in the absence of other proof to draw inference from the
available evidence
• Inferences which are concluded by the court in respect of existence of certain facts
3. Conclusive Proof
• Information or a fact that proves that something is true e.g. birth, during marriage is
conclusive proof of legitimacy