Everything you need to know about Easement Act
Feb 05, 2020 Home Trading Steps
Every property owner, by default, holds the right of way, the right to air, the right to light, the right to build, and the right to the uninterrupted flow of water. These are known as the property owner's easement rights. According to the Indian Easement Act, if the property owner has enjoyed the rights mentioned above for over some time, then they have a valid right over these without any restriction as if they are a privilege.
Let us explain this further with an example: Person A built a house in 1990 on a 1500 sq ft area and was the first one to develop and invest in the particular locality. Person A enjoyed uninterrupted sunlight, air and water flow. However, Person B moved next to him ten years later and constructed a house that blocked the sunlight and air from reaching Person A's house. What can Person A do in such a situation? Is there any legal remedy for him?
At times, when going vertical is the norm, such issues are common, and this is precisely where the easement act comes into the picture.
What does the Easement Act stand for?
According to the Easement Act, 1982, "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 another land not his own."
According to the Act, four scenarios that qualify as easement:
Let us explain this further with an example: Person A built a house in 1990 on a 1500 sq ft area and was the first one to develop and invest in the particular locality. Person A enjoyed uninterrupted sunlight, air and water flow. However, Person B moved next to him ten years later and constructed a house that blocked the sunlight and air from reaching Person A's house. What can Person A do in such a situation? Is there any legal remedy for him?
At times, when going vertical is the norm, such issues are common, and this is precisely where the easement act comes into the picture.
What does the Easement Act stand for?
According to the Easement Act, 1982, "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 another land not his own."
According to the Act, four scenarios that qualify as easement:
- As the owner of a specific property, Person A has the right of way over to the neighbour Person B's land for the purposes connected with the beneficial enjoyment of the house. This is an easement.
- As the owner, Person A has the right to go onto the land of Person B to take the water for the household purpose from a spring. This is an easement.
- As the owner of the particular land, Person A has the right to conduct water from B's stream to supply the fountain in the garden attached to Person A's house. This is an easement.
- As the owner of certain farm or land, Person A has the right to graze a certain number of his cattle on B's field, or to take, to be used in the house, by himself, his family, guests, lodgers and servants, water or fish out of C's tank, or timber out of D's wood, or to use, to manure his land, the leaves which have fallen from the trees on E's land. These are easements.
Owner is not bound to provide the easement:
The Act also mentions the scenario where Person A is bound to cleanse the watercourse running through his land and keep it free from obstruction for the benefit of Person B, is not an easement. It also mentions that the owner is not bound to keep his land open for public use stating the right to occupy for passing and repassing. This is not an easement.
It must be noted that easement is in no way a transfer of property. It can be made, altered and released as well through written consent, except when it has been enjoyed for a very long time. Written permission helps as an important document in case of any disagreement between the parties in future.
The Act also mentions the scenario where Person A is bound to cleanse the watercourse running through his land and keep it free from obstruction for the benefit of Person B, is not an easement. It also mentions that the owner is not bound to keep his land open for public use stating the right to occupy for passing and repassing. This is not an easement.
It must be noted that easement is in no way a transfer of property. It can be made, altered and released as well through written consent, except when it has been enjoyed for a very long time. Written permission helps as an important document in case of any disagreement between the parties in future.
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