Easement Act, 1882, Section 4 -- Easements - Essentials - (a) there must be dominant and servient tenement, and (b) the assessment must accommodate the dominant tenement, (c) dominant and servient owners must be different persons and (d) a right over land cannot amount to an easement unless it is capable of forming the subject matter of the grant...........
Easement Act, 1882, Section 4, 52 -- Easement and licence - Distinction - Easement cannot be extinguished merely at the will of the grantor whereas, a licence, is revocable at the will of the grantor...........
Easement Act, 1882, Section 4 -- Natural rights and easements - Distinction -Easements are acquired rights abstracted from the ownership of one man and added to the ownership of another whereas natural rights are themselves part of the complete right of ownership...........
Easement Act, 1882, Section 15 -- Easement - Acquisition by prescription - The Known methods of acquiring an easement by prescription are (a) prescription under the Easements Act where it is applicable; (b) prescription under Sections 26 and 27, Limitation Act, (c) Claim founded on lost grant - Prescriptive easement as opposed to easement by grant, is always hostile...........
Easement Act, 1882, Section 15, Limitation Act, 1963, Article 64, 65 -- Easement by prescription and adverse possession - Distinction - Both are of hostile origin -In case of adverse possession person in possession claims ownership in himself, in case of easement he asserts limits rights of user while acknowledging the ownership of owner...........
Easement Act, 1882, Section 15 -- Right of way - Municipality claiming right of way of prescription - Sweepers of Municipality using passage at the behest of owner - Right exercised by owner for his benefit - Municipality cannot claim right of passage thereby...........
Easement Act, 1882, Section 13(c), 19, 4, Transfer of Property Act, 1882, Section 40 -- Right of way - Transfer of property - Right of way enjoined earlier by vendor and necessary for enjoying transferred property - Right of way can be exercised by purchaser even in absence of specific mention to that effect in the sale deed - S.40 Transfer of Property Act does not apply..........
Easement Act, 1882, Section 63 -- Revocation of license - After expiration of a reasonable time the licensee has no right to remain in possession...........
Specific Relief Act, 1963, Section 38, Easement Act, 1882, Section 63 -- License revoked - Licensee has no right to remain in possession - Licensee cannot be forcibly evicted - Possession can only be taken in due course of law...........
Easement Act, 1882, Section 13 -- Easement of necessity - A person purchasing a plot adjoining his own land and having access to the plot through his land cannot claim a way of necessity over his vendors land of which the plot formed a Part...........
