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Home > Know Your Rights > Easement Rights
FAQ's | Landmark Judgements

FAQ's

Q1.  What are Easement Rights?

A1.  Easement rights are the rights to use another's property. It is a right, which the owner of a particular land enjoys over an adjacent property, which he does not possess. It is the right over a property belonging to someone else. An easement is the right to use the real property of another without possessing it. Easements are helpful for providing passage or access to light and air from the property of another so that one can enjoy his own property to the fullest.

 

Q2.  Why are Easement rights required?

A2.  Easement rights are required to completely enjoy one’s property. They entitle a person to get access to his property if another person’s property is blocking his way. Sometimes they are required by government departments to do public works like laying underground electric cables and telephone lines. They would use your property by virtue of easement rights.

 

Q3.  How can easement rights be acquired?

A3.  An easement can be acquired by grant or by custom. Acquiring an easement by grant requires a deed that includes the grant of easement by the owner of the property on which easement right is sought. Easement by virtue of custom is a legal right acquired by the power of law through continuous use of a land over a long period of time, usually 20 years or more. Therefore, the right of way continues to exist by grant, prescription or by virtue of custom.

 

Q4.  What are the examples of easement rights?

A4.  There are several common examples of easement rights. Such as: your property may not be directly on a public road. There is a property of someone else in between. In that case you may be allowed by the other man to access your property through a passage left by him. This is an easement right that allows you to use other person’s property to access your own property. In some cases one may have a small piece of property in a continuous building area. You are not getting any light or air. So by mercy the neighbour is allowing you to have a window on his side to get light and air flow for you. This is also an easement right.

 

Q5.  Can anyone restrict me from using my property in the name of easement rights?

A5.  As the owner you have full right of enjoyment of your property. However, there are certain situations in which another person’s easement rights clash with your right over your property. In such situations, certain restrictions can be imposed on you to safeguard the easement right of the other. For example, you may be restricted from constructing another floor in your house as it will lead to no access to light and air to your neighbor.

 
 
 
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