Shazia Khan Unit - 3

PROFESSIONAL PRACTICE -II
REPORT
SUBMITTED BY
SHAZIA KHAN
SECTION B
1901171046
SUBMITTED TO
AR. ZULNOORAIN KHAIROOWALA

DEPARTMENT OF ARCHITECTURE
FACULTY OF ARCHITECTURE, PLANNING & DESIGN
INTEGRAL UNIVERSITY
LUCKNOW – 226026
2023-2024
UNIT - 3
EASEMENTS
2
EASEMENTS
An easement is a right which the owner of a

property has to compel the owner of another
property to allow something to be done, or to
refrain from doing something on the servient
element for the benefit of the dominant tenement.
For example - right of way, right to light , right to air
etc.
• Easements paly an important role in valuation of
properties and planning and design of buildings
affected by easements.
• They are certain rights connected with enjoyment
of immovable property.
• It’s a right or obligation arising out from a local or
a general custom.
• It’s the right of the owner for the beneficial
enjoyment of that property.
Dominant and servient heritages/tenements and
owners: The land for the beneficial enjoyment of
which the right exists is called the dominant
heritage/tenement, and the owner or occupier
thereof the dominant owner; the land on which the
liability is imposed is called the servient
heritage/tenement, and the owner or occupier
thereof the servient owner.
Characteristics Of An Easement –
• There must be a dominant and servient tenement.

• An easement accommodates the dominant tenement.
• Easementary rights must be possessed for the beneficial
enjoyment of the dominant tenement.
• Dominant and servient owners must be different persons.
• The easementary rights should entitle the dominant
owners to do and continue to do something or to prevent
and continue to prevent something being done, or in respect
of, the servient tenement.
• The something must be of a certain or well defined
character and be capable of forming the subject matter of a
grant.
ILLUSTRATIONS –
• A, as the owner of a certain house, has a right of way to

that place over his neighbour B's land for purposes
connected with the beneficial enjoyment of the house.
This is an easement.
• A, as the owner of a certain house, has the right to go on
his neighbour B 's land, and to take water for the purposes
of his household, out of a spring therein. This is an
easement.
• A, as the owner of a certain house, has the right to
conduct water from B 's stream to supply the fountains in
the garden attached to the house. This is an easement.
• A, as the owner of a certain house and farm, has the
right to graze a certain number of his own cattle on B's
field, or to take, for the purpose of being used in the
house, by himself, his family, guests, lodgers and servants,
water or fish out of C 's tank, or timber out of D 's wood,
or to use, for the purpose of manuring his land, the leaves
which have fallen from the trees in E 's land. These are
easements.
• A dedicates to the public the right to occupy the surface
of certain land for the purpose of passing and repassing.
This right is not an easement.
• A is bound to cleanse a water course running through his
land and keep it free from obstruction for the benefit of B,
a lower riparian owner. This is not an easement.
MODE OF ACQUIRING EASEMENTS
Easement by prescription - It is acquisition of a right or

title by constant use or possession for 20 years. If it is
claimed against government, it is 60 years. As per the
provisions of the Easement Act, 1882, a person should
have enjoyed the right of way, right to air, right to light
andright of support continuously for a period of 20 years
without interruption.
Easement by express Grant (Covenant) - It’s a type of

easement where Owner permits people to pass through
his land with full knowledge and consent or creates some
kind of right through a written agreement.
Easement by implied grant - It’s a type of easement where

owner does some kind of act which implies creation of
certain right over his property. Eg. Whena property is
divided into two parts either by sale, mortgages, partition
etc., and one part does not have an independent access, it
is implied that the seller will allow the purchaser to pass
use the access to his land through the sellers property.
Easement by custom - It’s a type of easement where

people enjoy certain rights to make use of a piece of land
for a social activity, year after year (20years) as a custom.
EASEMENT RIGHTS
NATURAL RIGHTS –
• Rights of way.
• To receive light which falls vertically on the
land/building.
• Right of support to land in its natural condition.
• Right to drain water from a land at higher level to a land
at lower level.
• Right to so much of air and light which passes vertically.
CUSTOMARY RIGHTS –
• Customary rights are claimed for a large number of

persons of a particular locality. These are public rights
annexed to a particular place in general. These are not
allowed if found unreasonable.
• Right to bury the dead at a particular place.
• Right to use a particular property by fishermen.
• Right to use a public place/ground for religious
purposed by a community on certain occasions.
RIGHT OF WAY –
• A right of way is a form of easement, which allows the

entitled person, pedestrian or vehicular access across the
land of another person. This right can be in the form of a
deed or may arise by implication or by long use.
A right of way may exist only for limited purposes. Public

rights of way are a general right to access across land. A
public right of way can be established by :-
• Express dedication, where a landowner has given the

public the right.
• Presumed dedication, where a right of way has been in

use for longer than can be remembered.
• Deemed dedication, where a right of way has been used

for 20 years or more.
Landowners and occupiers must ensure that rights of way

are not obstructed and that the route is identifiable. This
can affect proposed developments.
EASEMENT OF LIGHT
• The right to light is basically the right to prevent the

owner or occupier of an adjoining tenement from
building or placing on his own land anything which has
the effect of illegally obstructing or obscuring the light of
the dominant tenement.
Easement of access to air –
• This is concerned with the volume of air which may be

available through an opening. The owner of the house
has aright to receive all the air that vertically passes to
his land/building. Every owner has got the right to open
apertures (openings) in his own wall and unless by doing
so, he invades the privacy of any other pre existing and
well established right, vested with his neighbour.
• In this regard it is pertinent to note that the owner of

the house cannot by prescription claim an entitlement of
the flow and uninterrupted passage of current of wind,
neither the owner of the house is entitled to right of
uninterrupted flow of breeze as such, rather he can claim
only such amount of air which is sufficient for sanitary
purposes. He cannot be allowed to sustain his
unjustifiable claim in this regard.
CHARACTERISTICS OF EASEMENT RIGHTS
• There must be dominant and a servient tenement.

• The easement must accommodate the dominant
tenement.
• The right of easement must be possessed for the
beneficial enjoyment of the dominant tenement
• Dominant and servient owners must be different
• The right should entitle the dominant owner to do and
continue to do something, or to prevent and continue to
prevent something being done, in or upon, or in respect
of servient tenement and
• That something must be of certain or well defined
character and be capable of forming the subject matter
of there must be right of beneficial enjoyment of land
The right should enable the owner or the occupier of the
dominant heritage to use it in a better way and enjoy it
properly.
THANK YOU …
11

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PROFESSIONAL PRACTICE -II

AR. ZULNOORAIN KHAIROOWALA

An easement is a right which the owner of a

• There must be a dominant and servient tenement.

• A, as the owner of a certain house, has a right of way to

Easement by prescription - It is acquisition of a right or

Easement by express Grant (Covenant) - It’s a type of

Easement by implied grant - It’s a type of easement where

Easement by custom - It’s a type of easement where

• Customary rights are claimed for a large number of

• A right of way is a form of easement, which allows the

A right of way may exist only for limited purposes. Public

• Express dedication, where a landowner has given the

• Presumed dedication, where a right of way has been in

• Deemed dedication, where a right of way has been used

Landowners and occupiers must ensure that rights of way

• The right to light is basically the right to prevent the

Easement of access to air –

• This is concerned with the volume of air which may be

• In this regard it is pertinent to note that the owner of

• There must be dominant and a servient tenement.

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