Kinds of easement
- Define easement. Briefly discuss different kinds of easement.
- What is the definition of an easement? Also, could you provide a brief overview of the various types of easements that exist?
- Could you elaborate on the concept of easement and touch upon the different kinds of easements concisely?
- Please define easement and then provide a succinct discussion of the various types of easements that exist.
Introduction
An easement is a right to use the land of another person for a specific purpose without possessing it. In other words, when someone is granted an easement, he is granted to use the land but the title of ownership remains with the owner of the land. An easement is a right of way; according to this, a person can use other people's land to access the main road. An easement can only be taken if the person who has been granted an easement, is an owner of home-locked land, in this situation, he can take an easement otherwise he is not eligible to take an easement
Meaning of easement
An easement is a right to use the property of another person for a specific purpose without possessing
Definition of easement
When someone is granted an easement, he is granted to use the land but the title of ownership remains with the owner of the land and the person who is granted an easement can use the land without possessing it
Persons who can grant an easement
Following are the persons who grant the easement. Details are as under
- Owner
- Limited owner
- Apparent owner
- Lessee
- Possessor
- Mortgagor
- Persons who can acquire an easement
Following are the persons who can acquire the easement. Details are as under
- Co-owner
- Co-tenants
- Lesser
- Trespasser
- Possessor
- Mortgagor
Kinds of easement
Following are the kinds of easements. Details are as under
Continuous easement
Continuous easement is such easement which can be acquired without the permission of other individuals and these easements remain continuous and the following elements come under this category such as air, light drains etc.
Discontinuous easement
A discontinuous easement is a such easement which can be acquired with the permission of other individuals and this easement does not remain to continue such as the right of way with the permission of the owner of the land
Apparent easement
An apparent easement is a such easement which is free from human interference and it can be acquired without permission from other individuals, for example, paved tracks, a footpath and flow streams come under this category
Non-apparent easement
Non-apparent easement is such easement which is not free from human interference and it only can be acquired with permission from other individuals for example right of way or use of property of someone else
Positive easement
A positive easement is a such easement which can be acquired with the permission of the owner in which the easement holder can discharge water from a well, use the kitchen situated on the land of the owner and receive other benefits from the land but the easement holder cannot earn money in the shape of money or other than this
Negative easement
A negative easement is such easement where the easement holder is restricted from using the land in specified ways such as the easement holder cannot construct a building on the land of another person
Urban easement
Urban easement is such easement when one person seeks access to reach the main road, urban easements are related to houses, buildings, plazas and shopping centres in the cities
Rural easement
A rural easement is such an easement when one farmer seeks access to reach his land by using another farmer's land for cultivation of the land. And this kind of easement cannot be taken without the consent of the owner of the land
Permanent easement
A permanent easement is such easement which can be acquired permanently by the easement holder
Limited easement
Limited easement is such easement which can be acquired only for the specified duration of time by the easement holder
Easement by necessity
Easement by necessity is such easement which can be acquired from the permission of a court of law when the owner of the landlocked property has no access to reach to the public right of way such as a street or highway comes under the category of easement by necessity
Quasi easement
Quasi-easement is such easement when both tracts of the land are owned by a single person and it will become quasi-easement if an owner of the two tracts sells one of the tracts to another person
Customary easement
Customary easement is such easement which can be acquired by local customs. By the custom of a certain village such as every farmer of the village can pass his cattle through the common fields
Public easement
A public easement is such easement when someone grants a certain area of land for public use for example a person who provides a certain area of land for a park is called a public easement
Conclusion
An easement is a basic rule according to which a person can use someone else's land without possession of it for a specified purpose. There are certain types of easement such as permanent and limited continue and discontinue, mentioned all easement requires the permission of the real owner or some of them require judicial approval for the use of the land of another person. The easement holder cannot earn money in the shape of profit from the land of another and the easement holder is not permitted to construct builds on the land of the owner and is not allowed to make other changes on the land of the owner. The easement holder only can use the land but the title of the ownership will remain with the real owner of the property