The presentation deals with different aspects of easements comprising definition, essential elements, classification, modes of acquisition, grant, prescription, customary easement, operation of law, etc.

1. Dr. Ashis Dash
MODESOF ACQUISITIONOF
EASEMENTS
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2. Easement
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An easement is a right to use or enter on to the real property of
another without possessing it. The easements rights are called in
Roman law as jura in re aliena (i.e, right in the property of
another)These rights are also called as servitudes ,in roman law as jus
in re aliena (i.e, duty in the property of another) Easements are
helpful for providing pathways across two or more pieces of property.
An easement is considered as a property right in itself at common law
and is still treated as a type of property in most jurisdictions.

3. Definition
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Section 4 of Easements Act, 1882
Easement’ defined. -An easement is a right which the owner or occupier of
certain land possesses, as such, for the beneficial enjoyment of that land, to do
and continue 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,
Dominant and servient heritages and owners.--The land for the beneficial
enjoyment of which the right exists is called the dominant heritage, and the
owner or occupier thereof the dominant owner; the land on which the liability
is imposed is called the servient heritage, and the owner
or occupier thereof the servient owner.

4. Essential Elements of Easements
 There must be a dominant and a servient tenement;
 The easement must accommodate the dominant tenement,
that is, be connected with its enjoyment and for its benefit;
 The dominant and servient owners must bedifferent
persons;
 The right claimed must be capable of forming the subject-
matter of a grant;
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5. Classification Of Easements
 Public and Private easements
 Positive and negative easements
 Apparent and non- apparent easements
 Continuous and Discontinuous easements
 Appurtenant and in gross easements
 Floating easement
 Structural encroachment
 Way leave
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6. Who May Acquire Easements
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According to Section 12 of The Indian Easements Act, 1882
 An easement may be acquired by the owner of the immovable
property for the beneficial enjoyment of which the right is created,
or on his behalf, by any person in possession of the same.
 One of two or more co-owners of immovable property may, as
such, with or without the consent of the other or others, acquire an
easement for the beneficial enjoyment of such property.
 No lessee of immovable property can acquire, for the beneficial
enjoyment of other immovable property of his own, an easement in
or over the property comprised in his lease.

7. Modes of Acquisition of Easements
 Grant
 Prescription
 Operation of Law
 Easement of Necessity
 Quasi easement
 Court decision
 Customary easement
 Imposition
 Transfer
 Easement by prior use
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8. Grant
It may be granted or reserved in a deed or other legal
instruments by the servient owner. The grant may be
express or implied from the circumstances and conduct of
the parties to the easement or it may be presumed from
long user or it may be inferred from some usage prevailing
in the locality.
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9. Prescription
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According to Section 15 of the Act ;
-Where the access and use of light or air and for any building have been peaceably enjoyed
therewith, as an easement, without interruption, and for twenty years.
-And where support from one person’s land or things affixed thereto, has been peaceably, received
by another person’s land subjected to artificial pressure, or by things affixed thereto, as an
easement, without interruption, and for twenty years,
-And where a right of way or any other easement has been peaceably and openly enjoyed by any
person claiming title thereto, as an easement and as of right, without interruption, and for twenty
years,
-The right, to such access and use of light or air, support, or other easement, shall be absolute.
Each of the said periods of twenty years shall be taken to be a period ending within two years next
before the institution of the suit wherein the claim to which such period relates is contested

10. Essentials
 According to section 15 of the easements Act to acquire the prescriptive right the
following conditions shall be fulfilled;
 The right claimed must be certain
 The right claimed must have been enjoyed by the claimant
 It must have been enjoyed independently of any agreement with the owner of the
land
The enjoyment must be
 Peaceable
 As an easement
 Open
 As of right
 With out interruption
 By person claiming title there of
 For a period of 20 years ending within two years before the suit incase the right is
claimed
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11. Customary Easement
Section 18 of the Act deals with Customary
easements. An easement may be acquired in virtue
of a local custom. Such easements are called
customary easements. A valid customary easement
must be possessed of the same characteristics as a
valid custom.
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12. Operation of Law
 By Estoppel
 By statute
 By Special Statutory proceedings
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13. Easement Of Necessity
Easement without which the property cannot be enjoyed at all. An easement of
necessity is an easement which the law creates by virtue of doctrine of implied
grant on the severance of the common ownership of the tenements to meet the
necessity of a particular case.
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14. Quasi Easements
Quasi easements are conveniences to which an owner subjects are part of his
property for the benefit of another. Quasi easement meant for better use and
convenience of the dominant tenement. Quasi easements exists in the property
even before the property divided in to two or more parts.
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15. Thank You
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