Unit - Vi - Easement and License

UNIT – VI -EASEMENT AND LICENSE
By- Asst. Prof. M. A. Limaye

 6.1 Concept, Definition and Classification of Easements
(Sec. 4-7)
 6.2 Imposition and Acquisition of Easement (Sec.8-18)
 6.3 Extinction of Easement (Sec.37-48)
 6.4 Definition and Characteristics of License (Sec. 52)
 6.5 Revocation and deemed revocation of License
(Sec.60 to 62)
Concept, Definition, and Classification of
Easements (Sec. 4-7)
Concept of Easements:
An easement is a right that the owner of one property

has to use another person's property for a specific
purpose. It is a non-possessory right, meaning the
holder of the easement does not own the property
but has the legal right to use it in a certain way.
Easements are commonly created to ensure the
smooth functioning of utilities, access roads, or
pathways.
Definition of Easement (Section 4 of the Indian Easements Act,
1882):
 According to Section 4 of the Indian Easements Act, 1882: “An
easement is a right which the owner or occupier of certain land

possesses, as such, for the beneficial enjoyment of that land, to
do and continue to do something, or to prevent and continue
to prevent something being done, in or upon, or in respect of,
certain other land not his own.”
 In simpler terms, it refers to the right granted to the owner or
occupier of one piece of land (called the dominant tenement)

to use or restrict the use of another land (called the servient
tenement) for their benefit.
Characteristics of Easements
1) Two Distinct Tenements:

An easement involves two properties: a dominant tenement and a
servient tenement. The dominant tenement benefits from the
easement, while the servient tenement is burdened by it. These
two tenements must belong to different owners, as no easement
can exist when both are owned by the same individual.
2) Right to Use, Not Ownership:
An easement grants a right to use another person's
property in a specific way, but it does not give
ownership of the property. The servient owner
retains ownership but is restricted by the rights
granted to the dominant owner.
3) Benefit to the Dominant Tenement:
 The primary purpose of an easement is to provide a
benefit to the dominant tenement, not to the person. It

is tied to the land and is considered an appurtenant
right, meaning it is inseparable from the dominant
tenement.
4) Non-Possessory Right:
 The easement holder does not possess the servient
tenement. The servient owner continues to own and

possess their land, subject to the limitations imposed by
the easement.
5) Must Be Certain and Definite:
 The right conferred by an easement must be clear and well-
defined. Vague or ambiguous rights cannot constitute an

easement. For instance, the right to a "reasonable amount of
water" may be too vague, but the right to a specific flow of
water from a canal would be precise enough to constitute an
easement.
6) Permanency:
 Easements are typically of a permanent nature, lasting as
long as the dominant tenement benefits from it and the

servient tenement exists. Easements are not generally
created for temporary purposes unless expressly stated.
7) Imposed on the Servient Tenement:
 The easement imposes a burden or obligation on the servient
tenement, requiring the servient owner to allow the use or to

refrain from certain activities that would interfere with the
easement rights of the dominant tenement.
8) Transferability:
 Easements are tied to the land, not to the individual. When
the dominant tenement is transferred to a new owner, the

easement rights are transferred along with it. Similarly, when
the servient tenement is transferred, the new owner remains
bound by the easement.
9) Easements Can Be Extinguished:
◦ Easements can be extinguished in certain circumstances, such as
when the dominant and servient tenements merge, when the
purpose of the easement no longer exists, or through
abandonment by the dominant owner.
Classification of Easements
 Easements can be classified in several ways, as outlined in Sections 5-7 of
the Indian Easements Act, 1882. The classifications depend on the nature of
the right, the manner of use, and the circumstances under which they are
created.
1. Based on the Mode of Enjoyment:
 Continuous Easement:
◦ A continuous easement operates without any human intervention or the active

participation of the dominant owner. These easements are ongoing and passive in
nature.
◦ Example: The right to receive light or air through a window, or the right to drain water
through a neighbor’s land.
 Discontinuous Easement:
◦ A discontinuous easement requires human intervention for its enjoyment. The
dominant owner must actively do something to exercise the easement.
◦ Example: A right of way, where the dominant owner must physically walk or drive
across the servient tenement.
2. Based on Visibility:
 Apparent Easement:
◦ An apparent easement is one that is obvious and visible. It is

easily recognizable by physical signs on the servient tenement.
◦ Example: A visible footpath, a road, or a drainage pipe across
a piece of land.
 Non-Apparent Easement:
◦ A non-apparent easement is one that is not visible and has no
permanent physical indications of its existence.
◦ Example: An underground pipeline or a right to draw water
from a well without visible marks on the surface.
3. Based on Necessity:
 Easement of Necessity:
◦ An easement of necessity is created when the dominant tenement

cannot be used or accessed without passing through the servient
tenement. These easements are implied by law and arise out of practical
necessity.
◦ Example: A right of way over a neighboring property when there is no
other access to a landlocked property.
 Easement by Grant:
◦ Easements by grant are expressly created through an agreement or legal
document. They arise when the owner of the servient tenement grants
the right to the owner of the dominant tenement.
◦ Example: A written agreement allowing the dominant owner to run a
pipeline through the servient land.
4. Based on the Nature of Obligation:
 Positive Easement:
◦ A positive easement allows the dominant owner to perform certain

acts on the servient land. These acts involve the doing of something on
or over the servient tenement.
◦ Example: A right of way, where the dominant owner has the right to
pass through the servient land.
 Negative Easement:
◦ A negative easement restricts the servient owner from doing
something on their own land that would adversely affect the dominant
tenement. It imposes a duty to refrain from specific actions.
◦ Example: A restriction on building a structure that would block the
dominant owner’s access to light or air.
5. Based on Duration:
 Perpetual Easement:
◦ These easements last indefinitely, continuing as long as the

dominant and servient tenements exist. They do not have a time
limit and typically remain attached to the land even when
ownership changes.
◦ Example: The right to receive light from an adjoining property
remains in perpetuity.
 Temporary Easement:
◦ Temporary easements are created for a specific period or purpose
and cease to exist once that period or purpose is fulfilled.
◦ Example: A temporary right of way granted for the construction of a
building that will last only during the construction period.
6. Based on Prescription (Creation through Long Use):
 Easement by Prescription:
◦ An easement by prescription is acquired through long and

uninterrupted use. If the dominant owner has used the
servient tenement in a certain way for a prescribed period (in
India, typically 20 years), the right to continue doing so may
become legally recognized.
◦ Example: A person using a neighbor’s land as a footpath for 20
years may acquire a prescriptive easement to continue using
that path.

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UNIT – VI -EASEMENT AND LICENSE

By- Asst. Prof. M. A. Limaye

An easement is a right that the owner of one property

easement is a right which the owner or occupier of certain land

occupier of one piece of land (called the dominant tenement)

1) Two Distinct Tenements:

benefit to the dominant tenement, not to the person. It

tenement. The servient owner continues to own and

defined. Vague or ambiguous rights cannot constitute an

long as the dominant tenement benefits from it and the

tenement, requiring the servient owner to allow the use or to

the dominant tenement is transferred to a new owner, the

◦ A continuous easement operates without any human intervention or the active

◦ An apparent easement is one that is obvious and visible. It is

◦ An easement of necessity is created when the dominant tenement

◦ A positive easement allows the dominant owner to perform certain

◦ These easements last indefinitely, continuing as long as the

◦ An easement by prescription is acquired through long and

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