top of page

Law of Easement: Right to use another person property

The Indian Easements Act of 1882 defines the concept of an easement, which is the right to use another person's property for a specific purpose. One type of easement is a right of way, which gives an individual the right to pass through another person's property in order to access their own property.


In order for a right of way to be established, several conditions must be met. Firstly, the passage through the other person's property must be necessary for the reasonable enjoyment of the individual's own property. Secondly, the passage must not cause undue harm to the property through which it passes.

A right of way can be acquired in a few ways: it can be created by express grant from the owner of the property, it can be acquired by prescription, which is the uninterrupted use for a period of 20 years, or it can be created by virtue of any law such as The Indian Road Act (1956) or the Indian Railways Act, 1890.

Section 7 of the act deals with the acquisition of easements by prescription, which means the uninterrupted and open use of a certain right for a period of at least 20 years. According to this section, an easement can be acquired by prescription if the following conditions are met:

  • The use of the right must be as of right, which means that it must not be by force, stealth, or with the express or implied permission of the owner of the property.

  • The use of the right must be continuous and uninterrupted for a period of at least 20 years.

  • The use of the right must be open and visible, so that the owner of the property and the public are aware of it.

  • The use of the right must be adverse to the owner of the property, which means that it must be without their consent.

  • The use of the right must be for the benefit of the individual's own property.

It's important to note that the laws regarding easements and rights of way can vary depending on the state in India, and it's always a good idea to consult with local authorities or a lawyer to get a clear understanding of the specific laws that apply in your case.


.

46 views0 comments
bottom of page