Law on Easement Act

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Questions and Answers

What type of easement allows a homeowner to receive light and air through a window without obstruction?

  • Quasi easement
  • Apparent easement
  • Continuous easement (correct)
  • Temporary easement

In which situation does the right to an easement extinguish according to Section 37?

  • Upon completion of a construction
  • When the dominant tenement is sold
  • When the easement is expired
  • If the servient owner loses their right (correct)

What is meant by an 'apparent easement'?

  • An easement that requires a written agreement
  • An easement that can be observed through careful inspection (correct)
  • An easement that is temporary and can easily be revoked
  • An easement that is hidden and not discoverable

How does an easement become a 'quasi' easement?

<p>When properties are converted into tenements via legal processes (A)</p> Signup and view all the answers

What happens to an easement if it was granted for a limited time and that time has expired?

<p>It ends immediately (B)</p> Signup and view all the answers

Which of the following defines the concept of 'implied grant' in relation to easements?

<p>A grant that is reflected through the sale of properties (B)</p> Signup and view all the answers

Why might an easement be considered extinguished if the grantor’s interest ends?

<p>There is no longer a legal basis for its existence (B)</p> Signup and view all the answers

Which condition could lead to the extinction of an easement mentioned in the content?

<p>The fulfillment of a specific condition the easement was subject to (A)</p> Signup and view all the answers

What is a defining feature of an easement?

<p>It is always annexed to the dominant tenement. (C)</p> Signup and view all the answers

Which type of easement requires the act of man for its enjoyment?

<p>Discontinuous easement (C)</p> Signup and view all the answers

Which of the following is an example of a continuous easement?

<p>A drainage from one land to another. (C)</p> Signup and view all the answers

What does 'right in re aliena' signify in terms of easements?

<p>A right over the servient tenement. (D)</p> Signup and view all the answers

Which of the following correctly describes an apparent easement?

<p>An easement marked by a permanent sign. (D)</p> Signup and view all the answers

Which option does NOT fulfill the requirement of an easement being beneficial to the dominant owner?

<p>Right to plant trees on adjacent land. (D)</p> Signup and view all the answers

What distinguishes a discontinuous easement from a continuous easement?

<p>Discontinuous easements require human intervention for enjoyment. (C)</p> Signup and view all the answers

In which scenario would there be no easement?

<p>Building a fence on your own property. (A)</p> Signup and view all the answers

What is the method of acquiring an easement through explicit terms in a legal document called?

<p>Express Grant (C)</p> Signup and view all the answers

Which of the following easements is established when a property cannot be used without it?

<p>Easement of Necessity (B)</p> Signup and view all the answers

Under what condition must an easement be recorded in writing if the property value exceeds Rs.100/-?

<p>When the easement is express (C)</p> Signup and view all the answers

In the context of a quasi-easement, which of the following statements is true?

<p>The easement must be apparent and continuous. (D)</p> Signup and view all the answers

If A sells land B to C, which is only accessible through A's land, which type of easement applies?

<p>Easement of Necessity (C)</p> Signup and view all the answers

What must a grantor do to ensure that rights are conveyed through an express grant?

<p>Written documentation is required. (C)</p> Signup and view all the answers

Which type of easement is essential for the structural support of one property from another?

<p>Easement of Necessity (A)</p> Signup and view all the answers

What determines the need for the transferee to acquire a quasi-easement?

<p>If the easement is apparent, continuous, and necessary (C)</p> Signup and view all the answers

What happens to an easement when the dominant owner releases it to the servient owner?

<p>It is extinguished. (C)</p> Signup and view all the answers

Under which condition does an easement of necessity get extinguished?

<p>When the necessity comes to an end. (D)</p> Signup and view all the answers

What occurs when an easement is deemed useless?

<p>It ends altogether. (A)</p> Signup and view all the answers

What is the consequence of a permanent change in dominant heritage?

<p>The easement terminates, subject to exceptions. (C)</p> Signup and view all the answers

How does an easement end when the servient tenement is destroyed?

<p>It ends due to Vis Major reasons. (D)</p> Signup and view all the answers

What is meant by 'extinction by release' in relation to easements?

<p>The easement is given up by the dominant owner. (A)</p> Signup and view all the answers

In the context of easements, what does 'termination of necessity' indicate?

<p>The necessity for the easement no longer exists. (A)</p> Signup and view all the answers

What example illustrates a useless easement?

<p>A right granted to a doctor who retires. (D)</p> Signup and view all the answers

What occurs when either the dominant or servient heritage is destroyed?

<p>The easement ends. (C)</p> Signup and view all the answers

Under what condition does an easement extinguish due to non-enjoyment?

<p>If the easement is not enjoyed for 20 years. (B)</p> Signup and view all the answers

What happens when both the dominant and servient heritages become unified through ownership?

<p>The easement is suspended. (B)</p> Signup and view all the answers

In the case of a temporarily suspended easement, when does it revive?

<p>When the cause for suspension is removed. (A)</p> Signup and view all the answers

What is the maximum period after which an easement can revive if the dominant or servient heritage is restored?

<p>20 years. (C)</p> Signup and view all the answers

What is a licence according to the Easement Act?

<p>A right to do something unlawful on another's property with consent. (D)</p> Signup and view all the answers

If the easement arises from unity of ownership, under what condition does it survive?

<p>If it is ordered by a competent court. (A)</p> Signup and view all the answers

What does the term 'non-enjoyment' refer to in the context of easements?

<p>Failure to use the easement for a specified time. (D)</p> Signup and view all the answers

Under what condition can a license to attend a place of public entertainment be transferred by the licensee?

<p>Based on surrounding circumstances or local usage (C)</p> Signup and view all the answers

What happens when a licensee attempts to transfer their license under the general rule?

<p>The transferee becomes a trespasser (D)</p> Signup and view all the answers

When can a license be considered irrevocable according to Section 60?

<p>When it is coupled with a transfer of property (B)</p> Signup and view all the answers

Which of the following actions does NOT make a license irrevocable?

<p>The license is purely a bare license (C)</p> Signup and view all the answers

In what situation could revocation of a license be permitted?

<p>If it is a bare license (A)</p> Signup and view all the answers

Licenses that are irrevocable typically involve which of the following?

<p>Permanent work undertaken by the licensee (C)</p> Signup and view all the answers

What is the implication when a license is considered not to be transferable?

<p>The license is tied to a specific property or individual (C)</p> Signup and view all the answers

Which one of the following rights cannot be transferred, according to the examples provided?

<p>Right to walk over a field (C)</p> Signup and view all the answers

Flashcards

Easement

A right to use another person's land for a specific purpose, benefiting the owner of the "dominant" land.

Dominant Tenement

The land that benefits from an easement.

Servient Tenement

The land over which the easement is exercised.

Continuous Easement

An easement that can be enjoyed without continuous human intervention.

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Discontinuous Easement

An easement that requires an act by a person for its enjoyment.

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Apparent Easement

An easement where the existence is obvious from visible signs.

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Non-Apparent Easement

An easement where the existence isn't obvious from visible signs.

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Profits à prendre

Easements giving a right to take something from another's land (e.g. crops).

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Express Grant of Easement

An easement acquired through a written agreement in a deed, like a sale or mortgage, clearly stating the right to use another's land.

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Easement of Necessity

An easement essential for using a property; without it, the property can't be used properly.

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Quasi-Easement

An easement implied when transferring property; it's apparent, continuous, and necessary to enjoy the property.

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Acquisition

Process of obtaining an easement, which can be based on documented agreements or implied from circumstances.

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Implied Circumstances, Easements

Easements acquired based on the nature of the property and its context, not an explicit agreement

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Property Transfer and Easements

When property changes ownership, existing easements may be transferred or implied if necessary for continued use.

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Necessary Easement Example (Right of Way)

An example of an easement that's needed to access a property.

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Necessary Easement Example (Support)

An example of an easement needed for the structural stability and safety of property.

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Partition Easement

In a property division, a right to use part of another's land for benefit of a co-owner's share, if apparent, continuous, and essential for enjoyment.

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Continuous Easement (example)

A right, like light and air, that doesn't require ongoing human action for enjoyment.

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Apparent Easement (example)

An easement evident from physical features (e.g., an aqueduct).

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Quasi-Easement

An easement implied rather than explicitly granted, usually after property division, sale, or mortgage.

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Extinction of Easement (Dissolution)

An easement ends if the servient owner loses their right to the property itself before the easement is set up or made legally effective.

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Time-limited Easement

An easement ending after a specified time or upon the fulfillment of a condition.

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Servient Owner's loss

If the landowner(servient owner) loses property rights, any easement on it also ends.

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Easement of Necessity

An easement necessary for enjoying a property's practical use; without it, the property is unusable.

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Easement Extinction by Release

Easement ends when the dominant land owner gives up that right to the servient land owner, either explicitly or implicitly.

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Easement of Necessity Ends

If the reason for the easement is no longer necessary, the easement disappears.

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Useless Easement

An easement that can't be used in any way to benefit its owner.

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Dominant Heritage Change

Significant change to the land benefiting from the easement, increasing the burden for the servient land.

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Servient Heritage Alteration

An easement is removed when the land over which the right exists has changed.

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Example: Water Discharge

A right to discharge water through another's property. If the receiving land is altered, the easement can end.

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Example: Right of Way

A right to cross a property. If the way becomes inaccessible, the right ends.

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Example: Easement's End by Change

When the servient property is permanently altered, making the easement impossible to use.

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Extinction by Destruction

An easement ends if the dominant or servient land is destroyed.

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Unity by Ownership

If the dominant and servient lands become one owner, the easement ends.

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Non-enjoyment

An easement is lost if not used for 20 years.

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Suspension of Easement

An easement is temporarily stopped when one owner has limited use of the other's land.

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Revival of Easement

An easement can return if the reason for its suspension disappears, or if the affected land is rebuilt after destruction.

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Licence (Definition)

Someone is granted a right to do something on another's property, which would be illegal without permission (e.g., temporary use).

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Easement Suspension Example

A borrowing someone's plot of land temporarily suspends any easements on that land.

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Revival Example

An easement is suspended during a rental period, but revives when the rental ends.

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Transferable License

A license that can be passed on to another person under specific conditions, often linked to public entertainment venues.

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Irrevocable License

A license that cannot be taken back, often if it's linked to a property transfer or if significant work has been done.

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License Coupled with Interest

A license that's automatically tied to a property, and cannot be revoked as long as the linked property interest remains valid.

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Transfer of License

The process of legally passing on a license from one person to another.

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License coupled with Profit a prendre

A license giving the right to take something from another's land (like timber or minerals).

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License Revokable

A license that can be terminated by the grantor. It has no link to a property interest.

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Licensee's acts

Significant and lasting work performed by the licensee on the property (can cause license to be irrevocable).

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Licence termination on property sale

Licence is terminated if the property, associated with it, is transferred to another party.

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Study Notes

Law on Easement Act

  • Knowledge is power, this quote has versatile applications and has enabled advancements in science and technology. Gaining as much knowledge as possible is important for a successful career and personal development.
  • Knowledge shapes personality and behavior, encouraging awareness of strengths and weaknesses and the art of life.
  • Effective decision making and proper conduct are key to success.

Definition of Easement

  • Section 4 of the Easement Act defines an easement as a right held by the owner or occupier of land to benefit from that land. This can include doing or continuing to do something, or preventing something from being done on other land that isn't their own.
  • Land includes permanently attached things, and beneficial enjoyment encompasses convenience, advantages, or amenities.
  • The dominant owner has the land where the right to use the easement is exercised.
  • Servient land has the obligation or liability imposed by the easement.
  • Examples of easements include a right of way, right to use trees or rain water, and right to bury the dead in a specific place.

Essential Features of Easement

  • Easements are annexed to land, not personal.
  • Easements are rights over another's land.
  • Easements can't exist over a person's own land.
  • Easements must benefit the dominant tenement.

Easements Classified

  • Continuous: Easements that can be enjoyed without human intervention. (e.g., drainage)
  • Discontinuous: Easements that need human intervention for enjoyment. (e.g., right of way)
  • Apparent: Easements whose existence is visible by a permanent sign. (e.g. a drain)
  • Non-apparent: Easements that do not have visible signs of their existence. (e.g. a right to light and air).

Profits a Prendre

  • A type of easement involving profits arising from the land. (e.g., right to harvest crops or fish).

Easement of Necessity

  • An easement without which a property cannot be used.
  • The transferee is entitled to easement if necessary for enjoyment of transferred property.

Quasi-Easement

  • An easement that arises when a person transfers property but has an existing easement that benefits the property.
  • If an easement is apparent, continuous, and necessary, it's automatically granted to the new owner.

Prescriptive Easements

  • A right acquired by continuous use for a specified period, usually 20 years, without interruption, and as of right.
  • Government land has a 30-year period.
  • Requirements: Right must be definite, enjoyed without agreement, openly, continuously, uninterruptedly as an easement, and for the specified period.

Extinction of Easements

  • Release: The dominant owner gives up the easement right to the servient owner.
  • Necessity: The easement ceases when the reason for it ends.
  • Uselessness: When an easement no longer benefits the dominant tenement.
  • Change in dominant heritage: Permanent change in the dominant heritage, increasing burden.
  • Destruction of heritage: Easement ceases if either the dominant or the servient heritages are destroyed.
  • Unity of Ownership: If the dominant and servient estates become one, the easement ceases.
  • Non-enjoyment (Suspension): Lack of use for a specified period (20 years).

Revival of Easement

  • An extinguished easement can revive under certain circumstances, if the heritage is restored or rebuilt within 20 years (ordinary), or if unity of ownership ends and the easement's purpose is again necessary.

License

  • A personal right (as opposed to an easement, which is a real right) granting permission to do something on another person's property.
  • A license is revocable unless it's irrevocable (coupled with an interest) and there is an intention.
  • An interest coupled with a right to the land of another (e.g., a license to excavate earth to make earthenware) will likely not be revocable.
  • Transfer of a license (to another person); generally not allowed, unless it's coupled with an interest.

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