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7. 6. 5. 4. 3. 2. 1.

Definition Easements
DisturbanceDifferent TheDefinition
Extinction,
Classification

of
ways of
Suspension of
are Easment
Licence
Easements by
Restrictions
which of
Easements CONTENTS
and an
and
Revival Easement of
Remedies Certain

of
Easement can Rights
be
Acquired

12 8 6 1
33 29 29
 "called or
something foliow's:asservitude.
land 'easment' of
Indian Definition
Easment
The.Essentials of
Topic-1
hls.own'.
notcontinueanddo
a
possesses, " Section person in
the The. An
EasmentsAct, lhdia The
dominant land being easement
4 over
the Indian
of
for done, to.do as.
the another's law
the such, is of
heritage, something, Indian
a 1882.
relating
beneficial in Eas
or for. rlght EasementsNoteson
upon;' thewhich Easments land).
Easment ment
and to 2327390(0471)
2378489,
Phone:
enjoyment or
beneficial Easments
the or to
in the In
prevent is
owner Roman
respect owner Act, a
right High Act,
of enjoyment
and 1882 are
or,which or LaW 9447500443(Mob)
of, in Court 1882
occupier continueoccupier defines contained
the certain re Prepared
Nair
AnilK. by:
it
of aliena Advocate
is of
right that
thereof known Kerala
other to of the
exists prevent land,
certain in
term right (
land the
as
the to
is
 a (d) house. from (c) neighbour out nent
(b) aighour (a} thing nant tion Servient
dominant
toand pose lustations VAniece,
use, certain
servants, A,
of yt hereitage, by
of Á, 3's A, A. growing The. The The
a
for being as This as spring as the as the heritage,
number sream expression expression ramote exprassion owner;
the the B's the
house.
s
8'owner
the is
dominant
water used owner therein. iand, land or
an owner to owner.of of
purp0se ofsubsisting advantage, and the
of any
easement. supply ánd for
or in his This a "land" land
of of certain owner, "to "benefical the.
fish the purposes part
own a a This to is do owner on
of certain certain a
house,
out the take
certain an thereon. of
something" includes
manuring cattle for which
is house, the and
of fountains easement. eniovement" or
water
an the
C's by house house, connected soil even occupier the
on å
asement. house, has beneficial also
himself,
histank, B's for liability
includes
of a
and a the mere
inhas the things
land, or field, has right includes thereof
farm, the with servient
timber his the puroses is
enjoyment amenty, re
or garden the of permanently imposed
the family,
has right the moval the
to Way also
leaves out right
take, the to of beneficial heritage, servient
attached thither and possible
guests, of conduct is
right
his to of
D's for Called
which household, go the
approprla attachad
over or owner.
wood, the to on domi
lodgers to enjoy con
graze water any the
have pur the his his
or.

such nant land 2. following

'points:
1. the, ()
owner. keep easement. land (e) fallen
ment. land ent The vent 3.. beneficlal
It An itA;is A.dedicates for from
The heritage it heritage
something
is land land for Easement free
Thls th e
known is is analysis bound.to
the a the
There following on is
a enjoyment isfrom purpose,of
right calledbeneficial right trees
or
which not
or.dominant ls obstructíon to
as
must
servient being
possessed a of claanse
an the .on
servient to the
the dominant right. easement. E's:
six do of passingpublic
be liability done .and onjoyment
which definition
characteristics tenement. a land.
a for
owner. tenement. watercoursè
dominant continuein by the and the .These
owner.
the:TIght
is or the right.
3 and benefit re-passing
imposed upon of
The owner to.occupy are
and to his Ilustrations running
areessential owner certain The,owner exists easements.
do land.-The of:
-servient is or
something B,
called occupier through This. thé
is
or land a
accupier called-the lower surface
right
orbrings
tenement.
the not occupier land his
to of:certain and is
or certain
an his to riparian not
8ervi
of to for
domi light and
ease such own. pre the an
of
 sons. nanttenement.
taRAght of owner cannotservient it.ment
lish owner character
grant. continue
some eficial
there..
spring (b) way.
Easements.
Exampls of that
There f. b.
Right land an An thing d.
and enjoyment
or have of
easementary tenement, easement
toThe Dominant The.right The
he servient
occupier, inseparably
can and That
to being
do
has, an right right
go be something
besomething,
oasement done, of
on certain no of of
of
tenement is capable should
and
-right, The:owner the
a easement always easement easement
a attached
neighbour's land in servient
dominant
right must orentitle
the over or
of
and must appurtenant upon to
overplaintiff of forming must mnust
his without to be prevent owners
for the the tenement.
it of the
the own be
land the and dominant be be
dominant
different a
defendant's
land must land. dominant the servient possessed anneXed
certain and must
and beneficial cannot. to
subject continue
prove the
draw In tenement. owner be
tenement
persons. or
order tenement dominantbe different to
that severed well for
Water enjoyment matter the
to to
the
he to defined prevent do
man
andA domi
from is
stab and from tene of and per ben
the the
of a a
a
easement.
createan ment.
tenement
of it
inseperably dominant
ment gationeasement
tenements,
which features Church (f) (e) (d) (c)
Easementsservient
isarë extent, of8On605),
hant private was
only another thesame Right
in In InRightRightRight
to it In is, /sthe
WhenMohammed held Irinjalakuda
an without respect was a of
(1362
a YohannanSamuel
owner. are tenement. imposed. rig is to to to to
dominant right namely. an
comodation restricting that attached appurtenant ht receive
receive enter
held person, two
essential easement KLT support.
of is
theappurtenant
otherwise A tenements exercised on-adjoyning
his that and.aThere the 497),
fluctuating
heritage. existence v. Bank for air,light
-land. an acts to
belonglng
rights the for it dominant is a byfor
Doomunhi cah and it
in easement done the and
servient that was building. a
affe use are and
the 1t the
Ltd. defined a
v. creation of cannot to be building land
it
body.cannot
servient
cting of is in
byservient tenement a
a servient
no should held v.
an orrosponding
the Mathew
the -belongs him the tenement.
dominant channel to
accomodation. Achari right
ownership be lrinjalakuda
thatone repair
and
person'and
particular title
toa servient on be
tenement. tenement dissociated of
tenement,
one
existence to
to
John (1987 easement associated an
claim or which
possessioa a tenement. A of outside
tenement tenement
determinateper and right burden the
an over (1991 and (2) the St.
It from in
is possession of KLT without essential
with
easement. dominant an of or Mary's wall.
the or right
appurte to (1) cannot 1037). it. ease upon
of ease is
It öbli two
the that land KLJ of
a
 discontinuous
easement.
called ment.dowsExample is 1. into The
Topic 1- Son 775),
tent nent continuous
easement.
2. Example called
Section claims
person,sigrt, If A An without The Contlnuoug the
AnClassification it In
Apparent right Tbrahim
the easment easementwhich following was
rightcontinuous
over
existence
which. of 5 held
is obstruction of
way annexed a
an
Easement
is which categories. the
Egsement land thatKutty,
apparent annexed
visible easement. Indian
of of which the v.
needs to
an by can
and B's Easements rightAbdul
easement
easement. upon his Easements is
to beand
the not
6 Non- A's neighouse of
careful act
enjoyed
Discontinuous Rahiman
hbour his
easement
house
apparent of to oWn.
is Act
man receive
inspectlonshown A without Kunju
over is classifies is
for a
B's
one
Easement
by continuous light
its the
Easement (1992
some land enjoyment by which.
by act easements
a is the (2)
of a
compeperma a ease win man per. Ki
dis
s
easement. ascertained
3.Example. manent easement. Example
or
tain (d) (c) (b) (a)a
performance void (e)
If. A
times, an an an' Permangnt
virtueof
By Right right
or an the
voidable eas easement easement
easement permanent sign,
may to, xistence
or trom of
ment e Hght t -way
or between be is
section
Eanoment some
non- on onexercisable subject fÔr - and calfed annexed
aasement,
condition, a of
the air.
performance certain term permanent
an
6.0f non-apparent
happening to easement
of
and to
periodical. the
that hours, only years or Limited A's
Indian
of at visiblehouse
it is
of or a or
a-specifled shall interruption,
easement. not
a certain
for other Easement or
specified over
Gonditional.Easment shown.by sign
commence a
particular. limited
place, is B's
act. Act, an
land
event or some apparent.
or or period,or
1882, can
become purp0se, at
or per
cer be
the an
 called ment.
without
dows
Example is 1. into The
Topic 1 sonT75),
tent nent contiuous
easement.
2. Example
caled
The An
be the
Section claims
If A An easementwhich.can it In
person, sigt,
Apparent ContlnuougEasement
DiscontinuousandClassification
the discontinuous
right Ibrahim
was
easment following rightcontihuous
over
which
existence.of 5 held
is of obstructionhisby
annexed of
an way aKutty,
Ea8ement which categories. the land thát
is
apparent
visible annexed easement.
ease
indian the
of which v.
needs to
an B's Easements riaht
Abdul
and ment. Easements
easement
easement. upon to is
the not of
Non A's neighbourhouse
6 enjoyed Rahiman
careful act easement
his
house to
apparent of own.
is receive Act
man
A without
inspectionshown over classifies Kunju
is
ls
for a one
Easement B's continuousease light
by its the
EaSemenf whiCha(1992
some land enjoy by
by act easements
a the (2)
is man of
perma* ment per. KLT
compe a win
dis is

easement.may be 3 Example
Example manent ascertained
Or
tain (d)an (c)(b)an' easement
performance void (e) (a)
Right lt. A
or an
times, an aBy-virtue
Permanont nght
sign, the
easement
voidable easement
easement
easement. permanent
or
to existence of-way
trom
of Hght It
or between is
Emment
section
non- called some
on onexercisable subject fòr and annexed
easement, of
condition,
the, a air.
performance certain term an
permanent
6.6f non-apparent
happening to easement
and to
periodical. of the
hours, oniy or A's
that years LImited
7 Indian
visiblehouse
of of it at is
shall or a or easement.
interruption, not
specified
a a for
certain other Easement or over
specified shown.by sign
commence a
ConditionalEasment
particular. limited B's
is
place,
act. Act, anland
event or some apparent.
or or period,or
1882, can
purpose,
become at
or per be
the cer an
 inIlustrations
g in pose
byany (b)thereto.(subject (a), or ciple.
prin
this OWnwoujd Cial thing to
thereto' build Topic- il
Easements
other o
(il) (i)
another law The The Byproperty Easements
njoyment being
force. on () of operatesomething,
to section
of
shalt The such The for right the
exclusive-
The of any the
the the done,
notright exclusive the same (servient are
right,of land, of law following as of
natural time 7 are
be Righte every in or
dominant
of restrictions
unreasonably, of subject betng and fortight the Restrictions
or rigats
ta
every every above owner the heritage). upon
Hghtadvantages prevent
all. ofrights. Act, of
in time heritage.
owner
to. referred products every the
dominant
owner of 'force) easements of
any of
every being servient servient and
immovable owner Section
of.a
polluted ofmunicipal
toarising to. continue
It ownef
of
land owner enjoy thereof in is
house force) of are owner'7s heritage a
Certa
from right
bythat
law of withoutproperty
immovable:property .restrictions of to to in
other land and to the doand
that'his for its in for
the enjoy right prevent Rights
Act
persons. air the insituation.
disturbance (subject accessions re-aliena. the
and declares Over benefi.Gontunue
physlca! passing time town a of some.
dis one his
be to to It

oUt within
ofrial natural
defined not within
passin through
unreasonably insoilcent.
its.oxcavated.
limits, heritage natural
the air. by
comfor
every (y)The *.-(V).
as nolse
of
alteration pass (vii) (vi). only subjacent
Explsnatloi
(viii) and
which such his the pass
stream
natural a conditBon, shall
owner in The hisland The adjacent at The: of
The deown and
owner's water
a
a fin in vertically vibration .not.
in right defined. limits rightpolluted condition.
right natural .not and. ight right
natural of channelwhich ed itsnatüral
quantity, shallwhich be
land chaDnel -soil" adjacent
subjected Land shali:
of of of of of
limits af .thereto. interfered
cause
pa$seseverychannel. every 'naturally
by
not, .every mentioned every every
stream
abutting shall :all.water is have
direction and other condition
without before insoil by
owner owher oWner to its owner owner
be all the any
flows, by, artifical with
On allowd persons. passes natural of
through water
under in
force
interruption
a of -so another
support of of other
of of would materially
that
natural land thls land
'on
land passing
land land
or the or pressure;
condition person.
by illustration
the its to percolates
temperature orthat suPport paraon.
naturally that tos
lake other. land that,
water over the surface collect or and
and such
or persons which percolating, within and much
when unreasonably
of without hiswater the
pond and means the rendered land,
; which by, ight
such land does dominant
the of dispose
it
into to over his is
every suchsubja
in
lake right mate flow in does own and
not not by its
or a
be or
 another. natural
derground, nent oWner.
provided
like nousehold OT
such ery ral his 456: rights the such Stream, Channels,
naturally
thereto.
run ey ture.
owner's Or
every
owner right land 2011 In principle A Explanation- or and, (x) The pond
land rising (UX)
Jessy and
and reading intermitent,
available to that such take limits shall
have of the (3) andpurposes The shall
those knoWnwhich in
land that or
very KLT Raju he fowner
or right orright be
the ofsection pond be without
rightsevery flows does falling,on allowed
has to 809, course. A the
tide of allowed of
support extremity the and toand
a natural purposes to
every every
it not
natural mayowner by or use
watering use material
neighbour was
others by
7 tideless, the thereby by
such
and stream and andowner owner
naturally of be the other
10 held of operation of
right his illustrations
restricted consume land, alteration
immovable any consume his owner
that v. cause of of
should on is persons
thatproperty. manufactory cattle. land andupper
rendered Zacharia the a
a of
in person ofstream,material the in
not surface its
abutting adjacent not to
by nature and land
its property water. water quantity
However be easement would. passing remain
natural
by sheep;and that
infringed. has ( whether injury situate
2011 only of for Tower
its bring for on
right has land Water or
mpeta- within
anaturel
definen in te
subjacent
condition the and irrigatingdrinking.
(3) right to
thereon, land
certain to perma natu.
natu to or other right Such
dig KHC light in un
Ev of to
a

not would
on of no 2016 ment.
extented
propertiesis merated natureunder
horizontally easement
air as held claimed. thetures landvated thadjacent e room support and
another one's right not a
emplated passing natural
(2) In natural that In right.of is
tantamount a section on soll. etc. adjucent
for.use kept
house byKLT Mani in Thambl vertically
natural to`
prospect or However, his would soil.
person's way man section in vertically lateral in right
SN T.M. is right right land Right .soil
or of its and7.are not its Structures
rightmade Cherian natural increase
by property to
easemenc 117: and natural under, in and
of belonging from
enjoyment 7 a or support of
land those the
it lateral
theallowing and are natural to
another
2016 constructions view can thereby laterai the
asements section
the nature
situation:claimable v. conditions. the like
and to It incidents be for support subjacent
to (2) property. from to
another a can Babuacquired supportpressure
11 that right discharge KLJ pf right. the
added
residentialanother
v. 7 of
never a windows
of
only
man's and easement, increased against
Act, an to 459) P.S. the 2015 ( If is strata
person's Ail Natural the the
create Right Even by on person.
ease betheseadvantages in Act available
1882. dirty RejE.( it prescription. house,
land
acquired property.
respect of (4) pressure person and
was neighbour
ment to light is pressure
orlandwater rights What a
prospectrights a KHC cowsheld,
andlaterally
cause
held 2016
right house The
of or has only
and of would
that as enumerated air is 434), on right
ofthat KHC provided
Rights built
immovable
cannot to cannot who
nuisance that the an claimable is his when from
kind there or received negate
3281 light not it is
drain ease view land,struc exca bath
that enu was the the for
# be by or an be
is
diunished. i1 dominant
oWner. ent ment the lage created
grant.by
covenant. 1. ods.
H,ce).
9nl Eles Who with quired Topic IV
-
However
sunset.1!: Different
A owner utility any A Can An In
would Easement impositlon,
has, servient India Sections
trom impose easement
C
cannof
easement.
of
the in lessen any
sunisC
respect A an ways
tiyht owner right 8
existing an byeasement to
impOse the may acquisition
The Egsement of Grant 19 by
ivertto t of may
utifity way, be of
$Wppiy ngon, his easement
easement.
the created or may the which
o6 impose
the
mill, f right Cvenan nd
water OT
aIndian
12 easement be
oT an
fhe a an
Waler water or to by
right existing so acquired transfer
to water If
create
imposed light,
express
A,' the
li: of to without
Easementofs Easement
A'smil! tine of the imposition
easement, on or by
ii|
D's right or. he
teasement.
stream
Would uninterrupted should the
stream. consent implied Act,
should servient to following. can
be of 1882.
the nÍt air.can.
from. an be
grant
nof.De may B servi
of easelessen
ffected floW the
heri meth. deal
noon Ac.
be or

lease.
ing twentyExample A effect his
easement
property
can der affect
However OWners. the right to (2) by
property.
|s feed may B the
the own land A
tenant A the A A A of
on, lessee the lessor co-oWner has, new
term years. A security mortg way higrants
interest.
he the or
may timposed, rights
However on cattle easement, in
of of of to
rights' impose who agor imposition may respect
impose
lease Hehas B's ,of any A C,
The insufficient. ofshould on
has may impose .certain as
land ofshould the the part
the the
or an an of the
the
easement right impose
imposition lessee.
for powerunder easement of thereof ñotgrassowner his
easement lessor. the any consent
not to land be house,
any
to a taketransfer easement
any easement obstructed growing
13 without of
ehorter lease cannot
transfer should of a a of
on effect on easement the neighbouring right A
the for the on is
period. his e¡sment consent
impose
not'after should on bythe to
land hi an lasedinterest of
the be
cause .on tha. waý. way
Interest
unexplred
to the leased
not an'easement of obtained.
new farm, over
continue property. in should the the However
expiration
any derogate
the mortgaged other
easement.
under property. the B's
term adverse not
leased right land.
dur the The ren co on the
of of or
 imp0ssible. is doctrine
therefore, document.
registered a not
to grantment.quireDoctrlne orKLT of in easement with-orinmovable
property. erty able Who
abdulla in other or
a correct Mathal. 605, In
vi can
lawful Doctrine over A One property. An can
Mad In was a writing. lessee of
The right immovable
it of easement acquire
is also
be made, of to .was the the
grant only fiction L0at
ayi rebútted over of say As acquire
held property A
and a iost immovable co-oWners
unhiraman made
presumption but that
ea'sement without person Easementa
of
a Grant may
property grant thatJordi proerty
others
by by
proof lost easement in easement be
easement Poulose in
evidenCe thewhereofgrant is of
his consent of acquired
by property
(2015 by a his lease
oWner of method grant immovable possession
14 Nair by
factproceeds long of on
(4) that is grant by ( oWn. for
2011 the by
and ofthatimmemorial
iost can grant cannot behalf
KHC recognised the of e th
existence land can be (2) other
property
others the in can
on beneficial acquire oftheowner
587), obscurity.
and user createdbe KHC
the be co-0Wner. the
use created can immovable
V. created 591 oWne of
the ofthe was theory by an
orally, the
such same and law easeiient
:2011 enjoyment acquirean
p mel referable The immov.
intiffsThara to only braliy of
thatenjoy prop-
grant can. said it the
ac be is (2).
a

onjoyment
Such through roadExample A necesGary theanother 1. of plied
stance, have was land, suit case ule caseCourt for upon claimed
2.Eatoment
ingof:Necessity
transfers Necessity.'*
Section prOperty
an property more
asoment. or
transferee. circumstances. If to
been-made of
grant permission
orwas
e impossibilityi:
confer it the.plaintiffs not.
A's
pathway and that
person was than300
of for whather.doctrine
in
immovbale a an 13 isThe plaint
the by.British
part enjoying or An held respect
easement of right a
It
praperty evidence granted
to legatee transfe easement
the only private
is of-his that.the yèars.schedule
the to was
an Indian
property :the by If of
Government.
atatl
easement transfered the rs the by
transferred immovable shall that land on
in or of plaintiffs.original The
British
subjectother Easement doctrine suit there record of property
15 bequeaths necessity
be there and
lost.grant question
is property
by entitled jenmi. not Government
necessary
property. property was showed
to property of of Aswas
necessity. a
is
B, the Act lost the a being
immovable arises a Govern before
he to Undargrant, by grant can
transfer of deals property that
to such grant 'British
will for If be as
vsed
the under in the the
a B. with such the ment applied a
bethe easement. cannot.be respect
rightThereno is transferor or
plaint Keralaburial ty
entitled property government
same is l¡nd.
beneficial the
Easement a
bequest, a plaintiffs
of follow circum private of sched toground
could High
way the The the
to to ap
is
 tenements.
trineofdergrant. kind
erance ofthe entitledbe
tosary sOns 3 titled through
eficial roadExample A testator feror
necessary 2.
tenements,
ess-ofthËe
.forme ment.havearises that able It
is Court
transfers
particular In for and If or if
tenementenjoy an of to
or.pathway
been
bywhere Really, Maniyan enjoyment an
implied easement
easement enjoying if
a such the shall
testator,
implication held partition for
in ment an a easement
circumstances ment.
such
eáse easemnent.property part be
enjoying
common
normally
cannot easement that easement
of grant to entitied the
can Krishnan the is of of
thwhich
e an the
of the his
ownership dominant be to easement share made transferred transferor the in
the
law both beThe property
meet
is of over property
lt immovable to
used other
may not necessity traced of is such subject
the the rationale v. of
the the an
atmerely the another or
16 dominant Jaw Nanukuttan immovable
be sotenement; of easement retained
to easement. the
alI. necessity to share joint
retained of
sald that creates necessity. B
property
the legal the
An
necessary is or is
of of
property
tothe 'creation
an the necessary by
tenement
servient
be and
easement them, one
but easement,
of which by by property representative transfer
creation by un legal A. to
the one a
virtue
arises 986 ( of
necessity. A,
the them of If B.
outcome' for
particular of he a
without basis 203),
KLTSN or ieor
of-an' of the an on latter several will for rightThere
of bequest
tne
necesslty is
the implied the the of
reason of neces be of
of
theease shal ben. is trans.
whlch case. doc sev this per en. way the
no

that of same
ments vestin! an
erance applicable guished
tion necessitýcoDsideration
ofeñabling an - is be nant is court express
necessary purpose
tenements was
any easement .necessity alternate not used not
asement In In cannot tenement In held In
person
were on merely held
acquisition
Leelia of of Mathu at Velayudhan grant Karunakaran
by the
tenement. of. the no that
ownership in
applyvirtue alI. that because by
owned burdening dominant
access, express
and of such by basis
or necessary but transfer
easement
of v. necessity v. The but an
the
implication
to otherwise
mbujakshy
ecessity Varled of an
of by a of easement it
An case. section an burden provision
implied
v. the
an
severance
different of howeverowner is
acquisition the any inter
easement easement two one for
Padmanabhen rationale of v.
cannot(1988 Janaki
servient
oflaw concession but of the necessity
vivos,
aris8s tenements 41 to without of grant
.17 persons inconvenient, the
reasonable in
of of have it necessity
(1989 be (1) is the
of such of bythe is servient or
as bequest Amma
only there KLT owner bare by which
necessity. necessity grant Act. legally ofthe
document arises
there
(2) oWnership.originally 493), way or necessity
on in (1988 legal (1987
KLT ceases use grant enjoyment is
owner
verance and Such of the or on
can the withdrawn an-easement
the arlses of
142), pre-supposes section made atenement (2) basis partition. the (2)
be absence
in híslegal making
court a in
and KLT for severance
KLT
no
tenetwo Ifone legal at
land. such
it by
of enjoyment. is
ofwas question held 41 the
prthe obligation the 417),
and of extinc notgrant For 1010),
him cannot a
tene held is extingrantlegalWhen
case domi which
the the sev that not for the any that
is of it
cumbent was iand having
defeat
will
the held a held necessity. nate CBSe
arises
severance
impossible. also.
co-wner on oniy necessity
SN guished. of tition
ceases weysense legatee ments, or
held In that In of easement
that In access by 22), In or
Mathai Cherooty which accesa Janu only on Ran
legal the any that testamentary
upon that existence a transfer, or
cannot person is The by state parties
the to in
courtMohan without of The
inorder v. claim
one v. implication way
the
available necessity,
Kuttan v. plot burden order in transferor,
of purchasing
claim Lakshm bequest
of held the to
to of
Velayudhan plot v. which it
claim toeasement an formed to
presumed that the partition
have altern through a
created is
there facllitate fnter
Gopalan it
Narayana easement property
way Amma only Or an the
a
18that
easement ative part. a
is
was transfree, vivos.
of plot easement
partition.
to on grant necessity could
of Nair his no of
enjoyed
right 2001
necessity.track, necessity overhis avoid the It
land (1994
adjoining place enjoymentNamboodiripad necessity could get
(1998 servient implied can
to by (1) of such
though
or (1) landlock. Easment before. not mustrepresen
show
necessity, land for necessity arise
KLT (1)
his KLT by be
berights. ta in
an owner which also
SN KLJ a tive
that inconvenient, ofown KLT990 (1 As
enjoyed
absolute
which 933), easement If tegal
is of cases
20 479) arisa
could extin.gets soonth In par.
of
vendor's land otherwise
an in necessity the
it
heP.17), testator,
it it alter suCh fiction (1) asany in inin of
is
had was
heand. was the caBe
in is of

following an be
1.Easment. 4 nant
entitled
representative
the
reasonably necessity way, sity wasacquired
dominant shal erance
Amma, easement
easement claimed
A Section right
Transferee Easement
Quasl - owner Byinvolves
there In beheld
transferee
to virtue (2010) Sree of
conditions is specific
by By set is can right as that that the
may
convenient existed
which 13 created
thevirtue out of
an
Swayam right
of of be 2 claimed well inpart
or set the absolute
or the section SCC pleading a
is legateefollowing the is no as over
are legatee of it suit from
apparent, out. way entitledtestatorunder
easement
sectionlndian for 689,
Prakash servient
satisfied. 14necessity in for out the
refuses the
of of section it its with dominant
classes to or of declaration of
19 Immovable Easements
13 was specific
immovable
continuous do the
tenement the
set the-Act, of
Ashramum regard
of minant
or
owner
out 13, necessity. and held servient
ofthe neglects
tenament
persons. Act, owner. the the
form.
Act that
if to of
Property.
property of when there and
and way. easementthe
transferor, the easement v. tenement.
quasideals to
necessary a ownership the by
do If share exists
the But
right G.
is -eament with so, nature reason
Anandavally
entitled person itover right
the the to any of Further
Quasi must
if domni way of of of
the can whch legal otherneces there
to so be the the sev
- of it
 -is
land. land sale wards.obstruct A(b) sale retains.
is Examples
A(a) tee by in
Sary property.able property.
necessary retains. necessary the existence
totook A took A is If (d)
It sells sells for (C) (b)
C.
entitBed transferor
the (a)
is The
effect. effect. A The
a
Here The to The to above enjoying A
for for at
6asement person
quasi Ba B to easement transferor
it light the
Ccannotenjoying B light enjoying a such
by B conditions or
easment. is house house time the
entitled which building ís which testator. should
entitled easment. property which
with with soexisted of or
the the
obstruct passes passes transfer.
on are
20 to widows
house house widows is
testator transfer
the his to satisfied so
It apparent,
over land. the asover is wastransferred
thelight. as should
overlooking overlooking called
light, or
light it A's it A's in
Afterwards was It was the continuouS bequeth
land land the retain
isand quasi
by. enjoyed, transferee
enjoyed a property or
building toeasment.
A's quasi A to A's
the cannot the - bequethed another an
land, land, ease
A end immov
sellswindows
whèn when
windows
ment. or retained
on which which
after lega neces. immov.
th the the the was able

fect. for sells hasExample ment.

(a) representatives or effect.tatorsaryfor property. able
property rty. ontinuous ied.novable mmovable
Property.
bequeathed
enjoyingwindows A If (d) (c).An (b) (a) A
A the was transferor
Iransferor
is the The
is The' enjoying A property
land the so person
above easement and
entitled. the transfrred easement in 'transferor
overlooking to owner
of by existence necessary
house B. conditions the should is or or
the the
to entitled Legal
The of Legal
light, testator
or transfe so propertywhich
as a or transfer
at
light house bequeathed.
it existed testator Representatives if
andB the the
was are ror is the. to
Representatives
21
. passing land. is retained
and time
apparent, orfollowing an
enjoyed satisfied.
entitled orwas
cannot should bequeath easement
testator. of
adjoyining A
over It in transfer theby
retaining
buildwhen is tothe the continuoUs retain conditions of
the called such an which the
transferor property
onthe land land. ransfe
bequest
tookor ror another immovable of
testator
the the easment
sale quasi is Testator
s and are
land
necessary househouse The apparent,
transfrred
took - or or immov of
in
tesneces
prop satis
so ease legal im
and the of
as ef
 titled the other in
Sary persons. satisfied.
are 3. to
for such an Example
portion Owing apparent,
at obstruct
the upper share
the for (c) (b) (a) A
amount to If party (d) A
safety to all An party Party
of such A There
the ofthe The
time enjoy
the room to
easement share contin such
easement. to to
of of partition
building
propertyabove easement
the ofment shouid
vertical in a a
the partition. of uous Partition. light.
a partition. partition
conditions of property
upper bulldin9. be
?. of which thewhich and
immediately
support should
joint It a
room. ai!otted partition necessary is
is
requires isshould
22 and
property, a appa
entitled
are be
from quasi
B satisfied in share rent,.
beDeath easement be of
becomes
B's the if to
A allotted joint the
easment. property should
continuous an
portionbecomes
it. the property followihg
easement
the 'is to
A person be
asowner allotted allotted one
is the inand
is ofconditión
entitled existence of
essentia owner to several which
neces. them
of is
whom to
th0 ol en the
to

accomodation
by
mentement able fer,ments 22) oue njoyed tinuous
only notment. not man.or.severance. tetained
accomodation must inthat
transfer. time jectquasi pporent the
the ngcessary.for be
es0ment quasi In
of of when bequest it In thet not
easement of of also was Unless
transfer
transfer cessation Ram These
clalmed case Leela
nacessity.
necessity it
when during oronly
the have held eesemet severred easements
mut of
neçessary or Mohan two It be as
trensfer, that
ls the The the
easement v.
and and is partitions. their b
simply isone
necessary it
only of may conditions,an apparent transfer, Ambujakshy
em existed
(uasi portion
to
it the A just ecOSsery which
origin v. one arise
was when quasi not
the neceselty. bequest for like sementbecause mon
Kochan easement of
also be
enjoyment on and whichbequest
ls ownership during
of only
extent easement easement but necessity.
it ab8olute lt viz., or
23 is severance of the
apparent or is for continuous, alsO (1989
on
necessary an the,enjoyment. necessity.
it maycoutd
enjoyment the
of partition NetaraJan apparent mey
Anyhow, be or is must severance
availabllity as apparent of only common (2)
may of be
ontinued partitton
be till
and in the necossity, of Quasi
necessaryquasi percieved. the be KLT
for the took tenements
not tenement and to
continuous
evailability What epparent of
enjoying (1000 transfer,
the ownership. of
142),
case and took easement
the
at be effect. continuous asement tenements
ie without extent
the
extinguished transferred, it
continuous
of quasi (1) required
and on for effect. and was
the an Continu bequest
time til! KLT it
of easeThe-et enjoy act That is held
avail trans ease
can wes con
of
the sub the SN are An an as
is of
 easementCourt
.Government absolute.,
come
twenty
propery. absolute.
become
peacebly received
terruption and out any to 5
garding can. Cess an
In If 3. 2: support
held interruption
usebuilding 1. beeasement
Maniyan the years, to By
Easement
asand 1f by If of
can tha property for If aquired
acquisition any virtue
the an a the light for
absolute the openly right
another
a has the building,
the-following
Krishnan priod easement, period support any can
or for accees by of
right been by
over of. air a be
section
is enjoyed person's prescription. of land,
by way of from period
shall the
acuired
thirtywhich of. peacebly to
easement Prescription
prescription. v. way with twenty any
or use
15
or one become of a
onditions.should
24 years. by land, of
of
Nanukuttan a orout iany twenty. building right
right any years,person's enjoyed, byThe light.or bythe
any of
interruption other as
absolute. prescription. ption.Indian
is other person the an years, or
followingprescri
way (Prescriptive
land
air
claimed easement, asan use orfor
(1986 easement
claiming right
easement has the any Easement
of are any
exist for to easement, The
KLT belong been right light Rights)
a support he other
tbUilaing,
title has without to right
before203), period
shall peacebly or easement
rules Act.,
to to acess air to
been shalh with
anthe the be ofth.s in for re.
right ac-1882.,

plaintiff
on
ernment prescriptiom.
KLT ment uged benefit
by
tenement, of tønemant.
thevient ominant
the
ofscriptive 486),
by
the. the the
885), In land 9:
ths tenement. the In 8. 7. 6. 5. 4. 3. 2.
successors 1.
transfer
claimed wasKesraa ownar Naray
way as
the tte right court The
interruptjon.
stealth: The Theenjoymant.
The right
must
The The The The beenThere
assignsd an
servient to or use enjoyment
enjoyment enjoyment
transferee
dominantadvantage acquirsd, enjoyment
enjoyment.must
of
edseSmernt make 1f occupjar hengn,
enjoyed must
Velayudhen transferor also ld must and
propecty thatNaír
up ance without be
tenement to andd
the tenament be by a
the can to it affwhem should. formust have must must
by . pre-existing
the
liRewise peaceable,
defendant tÉmO has ths thewaud the Z0
proscrption.
25 the ack Mariamma permission.
v. an years
have been have have dominant
have
otiginally dominant right
used dominadt he
character Kannat necessary onand pass
easemens
as without enjoyed
been been been been
ad) ( is open must easement
a transferred a an
private way aCquired with as as
for peaceable. owner.
belonged
Kunjukutty th e
tenement haritage KgYan
obligation violence, have
The ta for the
andnon-permissive. of openly.
20 of an
and
acquireperiod way right. which
individual: some years.
been ease
court transferit (1988
previlege the.dominant and was
to in
topasses ment.
heid (1991
the transferor period th e
without without must
an the the enjyed (2)
ease hands of
that The Gov ser have
(1) for
with the pre KLT
of
 case. a
averments
cessity cise consistent
easement Though
time easement(2012 tionservient
ertythe,co-öWners
ownership cannot
there co-owner. (2) Owner the
the longed
ter to on
of by
Government
KHC easement twenty (add)
prescription
and of In over by
(2) is Prasannakumarl In Government, need
for evidence the Kallen partition, neither claim
definite. ownership. 113: the
being,d KHC the
regardingplaintiff of So years the
plaintiff with and not period land
share diffe or2011 absolute.
becomesby
gasement 443), Dey! dominant. have long use government. by
he each one acquire
precarious
-Mere rent
sparate prescription the Use; use is
ls has is and of
can as .(2) the lost
severance it However,
far entitFedother. was former portiens the vested if of
to others KLT servient the enjoyment
statement of claim and Krlshnakumarlany v. a and
from. property
elect necessity held
possession SN It period
:26 right, c0-0Wner. servient
after right right
servient was the
satisfactory. toBoth of remalns 86, tenement
of one take that v. acquire
tenemnents of it further while of plaintiff
that the cannot plea
Kizhakkekoroth severanoe remalns would
from hetitage;nor was tenement twenty the
pleadings inconsistent are with of ease
pathway easement for not can
among :suchsproperty,a8 held heldservient
cohtradictory
co-exlst
andof:prer
in ment and years.
undivided,
all:tha thiry be
and In of
over.
any.
othe that is
observed acquire
the should is criptlve the another
them. destroyed
yearstransferred
The tenement
e domlnant
by
originthabsolute
absence pleas, a tat He
InRaghavat prescrlp Joint coowhe easeme
dominan can
riahto OWneri even in thàt
be As
204 (
at a prqp
pr th thgult ano the b
n

ments. of 6. manently
nel. 4. ground. 2.
3ject.of.the
posed. 1.be scription, two schedule.
another orties
the heritage,
described was easement 13
a -A acquired of
By A A A Byyears In .right held
InPaul
local
Cuetomary
Engmint form the
s. right right right right. virtue aase
18 ofthe is in right that Indian of
atements to ta rightwhlch claimed the
to by
suchobstruction. sultof.an
of. collectod urface thefrOe separate unless v.necessity,
under proscription. of subject.matter of
the section Varghese Eesements
or
would for easement.
the obstruction
Act abating ( there
ground water in
passageofproperty schedules
servient
an tend 17 no.relief
of cannot is and Act.
essement water pool, . not the
27 to the of a
flowlng
to dominant
onthe obstruction heritage),
not tank llght Act the inthe another can
which totsl the be
are may the easement suit,
passing 'or: In o clalmed. be
called a destruction
air foliowing
plaint. bothheritage
should ( granted
be otherwrse. lipbllity 2016
stream to shouid
acquired in an of
outomary acquired Way themWhen
defined be and (1) under
and open would
rights be
of KHC
fisd desribed over
s
n.virtue not space the should two
ease be, cannot by. srvient 738), section
chan within which
sub pre prop
o im be
in it
 dominant
enjoyment' It and held vation,
portionsopen B's vade
nouse (D) tom.
quires llustratigns
ture.Tene
ments.locality, the(a)
can the
vest that In hOuse..
new his By s By
be Yohannan and can Vwagean A
A who of the entitled,as
naving
heritage ciaimed inthe neighbour's
windows easment
customary
other
landsof BA's open
form all A custom custom ofa
acquires breaks
customary. thereupon
owners' house. become
a
snd only a v. in new to such.
of
easement class8, whicn hiprivacy.
s up
cannot a a oraze
as of Math window
ease
like acquires certain and the certain to
because it for
certain house
appurtenant his
ai
easement are cultivates tenantaraze
exist whose A
28 can
ment(1991 therein catte
ordinarily sobuilds town village
his
tenements an of
originates as
in exist benefit in
merely is (2) easement to no cattle
a
gross. with
to KLT
a soaccordance that plot every
onlysome command house owner as
the respectexclu polt. of on.
within SN substantially
in cultivator
the
appurtenent to for
customprevails. 1ed tha in, or uncultivated
dominant a 36 He
the valid tO a the,toccupier witn comt
aP.25), from B thereby
As view town
beneficialparticular shallnot tne of
sn
custom house.
obser of to village
tene it.was Cus.
near of land Pas.
the in ac.
a a

entCumstances.
1. tion,
Topic-VI.
Extinctlon, the
abate granted plaintiff.the tothedisturbance the Topic V
pisturbance -
heritage By
If Extinction
Eisement
AnofSections
Guspension By disturbance
By dominant dominant
dËssolution a By By
the
easement wrongfulvirtue virtue
to virtue virtue
servient restrain
and
by
Suspension
37 of
ofsection
herltage ofhYritage
Imposes and of any of of
of may to section
obstruction section
owner right the the section.32
other
revival 51 Easements
be of dlsturbance easement may is
an of 36 person.
33entitled
hasextinguished the 35
ement,servient of ofthe
institute of
29 only
and of of.
Easements
easernents. the
an
dominant the
the- if
substantial Act,
to and
limited Revival easement. of Act
owner. Act, a enjoy
the an
under
suit the Remediesthe
Act easement. an
owner
nterest
asement for the
owner
owner. -markS.
of injunction sase
the deai compensation da
Easement cannot mage or or
in folowing with ment
shal the occupier occupier
is
extinc himnself may caused without
comeservi
cir be for of ot
 Condition. 4. ment. in, implied.
Revocation By
3 leases 2. heritage
ment servientthe
thement heritage, to
on
5. the limited
essity
exercise
By Release By an
By An servient If
period the
An An for 1f shall
An Explration an an end
ermination
performance period, it
easement
comes
sement easement'is' èasement to its and
easement easement
come when
exprtes of the purpose, the heritage
to or power
servient. to the
an of
is servient
of of acquired
or will is 'an
or Limited extinguished is servient
end.
cessity
Necassity reserved the
imposed
extinguished
the be ceases.imposed
and.
non-performance owner.
condition extinguished easement
heritage as
on
Period owner
condition in.this by and
will,be
30 by
The
when grant whengrant
is if ceased
it or release rig is
ished fulfilled.. behalf, acquired
has
thatHappening when the ht by the
of.a will by
the to
itbeen
. dominant lessee's a
revokes the may
specified shall beowner lessee, have
imposed servient be extinguished. by
when become of the any
expresSs
dissolving owner
of. interest. the
the
act, servient.
Govern. right
the owner, ease.
ease
for
no and vold or in
in
a

right ground
scription. when
is169), twenty
years,when 9.entitied
.servient.
haritage.
and cea8es.
6 the 8 tage
theor
7being necesslty
an By as
Non-enjoyment By
A,continuous
unity of
By An
Extinction held in
is In An Destruction.An
alternate the it it. benefical
ceased to was to easemet Karunakaran:
necessityVarkóy. totally easement easement that
hold
An the
servient
easement
to that held ownarship aneasement
of
pathway- Joseph ceased absolute to
be that |s of Useless
is
they comes or ls he
enjoyod extingextingülshed
heritage Döminant
extinguished
di8continuous
an, to ownership dominant v.
cannot
by easementor to v. uished Easement Janakl
be
prescrjption road of
for an enjoyed, is or
31 Mathal necessity
have end.
an available when
completely Servient dwner.
when when Amma
únbroken
of
But of easement e
aKuriakose for the the
either
right necesolty it (1987(2) rimaresks. 6
wiil the whole becomes woutd
an same
destroyed, Heritage
of to
period be mere unbroken the
easement the is of
person terminate
lost dominant KLT
plaintiff fact (1992 isextinguished
the.dominant incapable
of extinguished
ontly that 1010).
20 period becomes
years. by (2) when
if thers is heri
the pre no KLT of It
of
 in implied.
By
3 leasesReleaseBy 2. heritage
ment servientthe to
the ment heritage,
cessity 5. onCondition. 4. ment.Revocation
the limited
By exercise servient
an
Byperiod the
An An easement An
is for If shall If
An Expiration it an an end
Termination performance period, èasement
comes
easement easement'is' to its
easementand
come e when
exprtes of the purpose, herltaga asement
the
to or power servient the
to
acquired of will servient
an of of
or is an is servient
end. or Limited reserved extinguished when
Necessity
necessity extinguished
the be
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