What are the rights of way and easements



An easement is a right which the owner of certain land possesses. There is an act for easement. It is Indian easement act 1882. It is for the beneficial enjoyment of a land to do and continue to do something or to prevent something being done on a certain other land not his own. Dominant Heritage is the land for the beneficial enjoyment of which the right exists. The land on which the liabilities imposed is called servient heritage. The owner of the certain house has the right over his neighbor B’s land for purposes connected with the beneficial enjoyment of the house. The owner of a certain house has the right to go on his neighbor’s land to take water for the purpose of his household. This is an easement. Owner of a certain house has a right to conduct water from the stream to supply the fountains in the garden attached to the house . The owner of a certain house has the right to graze a certain number of his own cattle on Bs field to change for the purpose of being used in the house. These are also included in an easement.

Mainly 5 continuous, discontinuous,non Apparent Apparent easements. Continuous easement is one whose enjoyment is maybe continual without the act of a man. Discontinuous easement is the act of a man for its enjoyment. Apparent easement is one of the existence shown by some permanent sign upon careful inspection by a competent person that would be visible to him. Non apparent easement has no much sign.

It has limited time or on condition. It may be permanent or for a term of years. Easements have restrictions. An easement may be imposed by anyone in the circumstances. He may transfer his interest in the Heritage on which the liabilities to be imposed. Servient owners may impose the servient heritage any easement that does not lessen the utility of the existing easement. An easement may be acquired by the owner of the immovable property for the beneficial enjoyment which is the right created by any person in possession of the same.

An easement is a concept in which one party uses the property of another party. A fee is paid to the owner of the property in return for the right of easement.An easement is an agreement between two parties one is granted land access in exchange for a fee. Utility easements are most common. When a telephone company runs lines through a property have been granted an easement.

Private easement is a deal between two parties that provides one the right to use a piece of other property for personal needs.An easement is a unique agreement between two parties. Easement agreements are structured so that the specific use of property is explicitly outlined. There is a termination of easement given to the property owner .These agreements are transferred in a property sale. Common easement agreement is an easement by necessity. It is more liberal and it does not require written agreement.

Prescription is an acquisition of a right by the owner of a property in the manner prescribed by a law. Prescriptive easement is an agreement with the survient owner. It has a right without any interruption for a continuous period of 20 years and in respect of government land the period of non interruption shall be 30 years. It is a legal right enjoyed over another freehold property and which is obtained through long use. It is an incorporeal right. It is ownership which is tangible in nature. Here does not change occur in the ownership or possession. There is a servient heritage.

Adverse possession is a legal principle that provides title to someone who resides on another person’s land. The property title is granted to the possessor as long as some conditions are met. Non owner equipment of a piece of land gains title and ownership of that land used 12 years of time. There are some measures land owners can take to avoid adverse possession.

Easement by reservation that allows a property owner to retain some rights to the property during ownership transfer. They can reserve certain easements when they sell their property to another. Easement of necessity is the extent of any other easement and mode of enjoyment that must be fixed with the reference to the probable intention of the property.it is used in the division of common property.



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