1. Write a note on Easement?

Ans: Easement: An easement is a right which the owner or occupier of a certain land possess as such for the benfecial enjoyment of that land, to do and continue to do something or to prevent and continue to prevent something being done, in or upon in respect of certain other land not of his own.  Essence of easment is that it should be a right over immovable property belonging not to the owner but to some one else.

Dominant heritage and Servient Hertiage: The land for the benfecial enjoyment of which the right exists is called the dominant heritage and the owner or occupier thereof the dominant owner; the land on which liability is imposed is imposed is called the serveint heritage and the owner or occupier thereof the serveint owner.

Example: A, as the owner of a certain house, has a right of way thither over his neighbour B’s land for purposes connected with benfecial enjoyment of the house.

2. Write a note on Easement by way of prescription?

Ans: One can claim this right subject to following conditions: 1. A owner of immovable property who has peacefully and openly enjoyed the right of way or other rights in the land of another as a matter of right continuously and uninterruptedly for a period of twenty years (in case of government its 30 years) is entitled to Easement by way of prescription.

2) However, even the 1^st condition is fulfilled in case of cases following cases, no one can claim.

Easement by way of prescription :(a) If the enjoyment of easement would result destruction of right or property in which easement if claimed.

(b) If the right is for free passage of light or air through an open space or ground.

(c)  Water not flowing in a stream and not permanently collected in pool or tank or otherwise.

(d) Similarly one cannot claim right under this category underground water not flowing in a defined channel.

3. Write a note on Easement by Necessity?

Ans: Easement by necessity: In order to claim easement by necessity the following elements must be fulfilled:

1. As a result of division of land into two pieces and their connection with each other is in such a way that one cannot be enjoyed without other having privilege over another’s land . To put straight the beneficial enjoyment of one’s land is possible only, if there is a limitation or restraint on the absolute enjoyment of right of ownership in the land of another. Generally this arises for purpose of right of way.
2. It must be noted that, if there is any other way or means through which the property can be enjoyed beneficially though it may be inconvenient, it’s not a ground to seek easement by way of necessity. To put straight, claiming right under this category depends upon absolute necessity.
3. Easement right under this category can be claimed as long as necessity is existed, the moment it is seized the right ceases
4. The time period is computed next before two years from the date of filing a suit.

4. Define license and point out difference between a license and easement?

Ans: Secton 52 defines license as folows: