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Q.

What is easement right?

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1 2021-11-11T14:53:47+00:00

Easement right is an interesting concept which you might not be aware of. Since you want to know what is an easement on property, let me give you a great example to exactly understand what it is and how it works. Let us take a look below.

Shyamlal has a piece of land with a huge well which can irrigate the nearby lands. Radhe obtains easement rights and uses Shyamlal’s well to fetch water for his land. This is basically what easement means. 

So what is easement right you ask? It’s the beneficial right enjoyed by a property owner over a property or land which does not belong to him. The easement rights give permission to such landowners to do, continue to do or prevent or continue to prevent activities done on such land, i.e. to perform or prevent certain activities for stated purposes (In this case Shyamlal has the right to allow or restrict Radhe from using a part of his land for latter’s own benefit)

There are six types of easements categorized by Indian Easement Act, 1882. These are as follows:

  • Right of way

  • Right to light or air acquired by grant

  • Prescriptive right to light or air

  • Prescriptive right to air or water

  • Other prescriptive rights

  • Easement of necessity

I hope what is an easement on a property is clear to you now.

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