Modes of acquisition of easement
- Define easement. Explain the modes of acquisition of easement and who can acquire easement.
- Define easement and elucidate the methods through which it is acquired, as well as the eligible parties who can attain an easement.
- What is meant by easement? Elaborate on the various ways easements are acquired and identify the individuals or entities eligible to obtain an easement.
- Could you provide a definition of easement? Additionally, expound on the diverse modes through which easements can be acquired, and shed light on the specific individuals or groups with the right to acquire an easement.
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. Actually, 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 which is not yours
Definition of easement
When someone is granted an easement, he is granted to use the land but the title of ownership remains with the dominant tenement and the dominant owner only can use the land without possessing it
Examples of the right of easement
Following are examples of the right of easement. Details are as under
- Right of way, a person who is the possessor of a piece of land has a right of way.
- Right of air, a person who is the possessor of a piece of land has a right of air.
- Right of free access to air, a person who is the possessor of a piece of land has a right to free air access.
- Right of light, a person who is the possessor of a piece of land has a right of light.
- Right of privacy, a person who is the possessor of a piece of land has a right of privacy.
- Right of water flow, a person who is the possessor of a piece of land has a right of water flow that his used water to flow without any issue
- Common rights, a person who is the possessor of a piece of land has a lot of common rights which have been recognized by the law.
- Right of support, a person who is possessor of a piece of land has a right of support means that he is to be provided safety
- Right of prospectus, a person who is possessor of a piece of land has a right of prospectus that if a person wants to publicize his business he can acquire this right
Modes of acquisition of easement
Following are the modes of acquisition of easement
By Express grant
Express grant is a mode of acquisition of easement. An express grant is such grant which is given by making a written agreement between the dominant tenement and the dominant owner for a specific purpose. It must be in writing and must be signed by both parties. But the title of the land will remain with the dominant owner
By Implied grant
Implied grant is a mode of acquisition of easement. An implied grant is such grant which has been given without making any written agreement between the dominant tenement and the dominant owner. There is no written document
By Prescription
Acquisition of an easement by prescription means when one person gains the title of rights of use of a certain land against the real owner under the legal rules. But the dominant owner will have to prove before the court that he has been using the piece of land for a long time
By custom
Acquisition of an easement by custom is also a mode of acquisition. Such easement 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 such acquisition of rights is called acquisition by custom
Persons Who can acquire an easement
Following are the persons who can acquire the easement. Details are given below
Co-owner
Under the easement act one of the Co-owners can acquire an easement from the other co-owners of immovable property without their consent for the beneficial enjoyment of the property. But in the case of a co-owner, he cannot transfer his rights to others without the consent of co-owners
Co-tenants
Under the easement act, one of the co-tenants can acquire an easement from other co-owners without their consent for the beneficial enjoyment of the property. But in the case of co-tenants, he cannot transfer his rights to others without the consent of other co-tenants
Lesser
Under the easement act, a lesser being a possessor of the property can acquire an easement from his lessee for the beneficial enjoyment of the property
Trespasser
Under the easement act, a trespasser is a person who is using the land of someone else for a long period without any interruption, under the easement act, a trespasser can acquire an easement for the beneficial enjoyment of the property
Possessor
Under the easement act, if a person is using the piece of land for the time being and a he is a person is in possession, he can acquire the easement without the consent of the real owner of the land for the beneficial enjoyment of the property
Mortgagee
Under the easement act, a mortgagee being a possessor of the property can acquire easement from his mortgage for the beneficial enjoyment of the property
Kinds of easement
Following are the kinds of easements. Details are as under.
- Continuous easement
- Discontinuous easement
- Apparent easement
- Non-apparent easement
- Positive easement
- Negative easement
- Urban easement
- Rural easement
- Permanent easement
- Limited easement
- Customary easement
- Public easement
- Quasi easement
- Easement by necessity
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 and some of them require judicial approval for the use of the land of another person. Easement holders cannot earn money in the shape of profit from the land of others and easement holders are not permitted to construct buildings on the land of the owner and are 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