What is Easementary Right?

April 15, 2024

The Supreme Court, in a dispute of easementary rights over a road, reiterated that the power of attorney holder can only depose about the facts within his personal knowledge.

About Easementary Right:

  • The concept of easement has been defined under The Indian Easements Act, 1882. According to it, an easementary right is a right possessed by the owner or occupier of the land on some other land, not his own, the purpose of which is to provide the beneficial enjoyment of the land.
    • This right is granted because, without the existence of this right an occupier or owner cannot fully enjoy his own property.
  • It includes the right to door continue to do something or to prevent or to continue to prevent something in connection with or in respect of some other land, which is not his own, for the enjoyment of his own land.
  • The word ‘land’ refers to everything permanently attached to the earth and the word ‘beneficial enjoyment’ denotes convenience, advantage or any amenity or any necessity. 
  • The owner or occupier referred to in the provision is known as the Dominant Owner and the land for the benefit of which the easementary right exists is called Dominant Heritage.
  • Whereas the owner upon whose land the liability is imposed is known as the Serviant Owner and the land on which such a liability is imposed to do or prevent something is known as the Servient Heritage.
    • g.: ‘P’, being the owner of certain land or house, has a right of way over Q’s house, adjacent to his house, to move out of the street. This is known as right of easement.
  • An easement is, in no way, a transfer of property. It could be made, altered, or released as well, and should always be in written form, except when it has been enjoyed for a very long time without restrictions. A written document helps either party to challenge it in a court of law.