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Questions and Answers
What type of easement allows a homeowner to receive light and air through a window without obstruction?
What type of easement allows a homeowner to receive light and air through a window without obstruction?
In which situation does the right to an easement extinguish according to Section 37?
In which situation does the right to an easement extinguish according to Section 37?
What is meant by an 'apparent easement'?
What is meant by an 'apparent easement'?
How does an easement become a 'quasi' easement?
How does an easement become a 'quasi' easement?
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What happens to an easement if it was granted for a limited time and that time has expired?
What happens to an easement if it was granted for a limited time and that time has expired?
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Which of the following defines the concept of 'implied grant' in relation to easements?
Which of the following defines the concept of 'implied grant' in relation to easements?
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Why might an easement be considered extinguished if the grantor’s interest ends?
Why might an easement be considered extinguished if the grantor’s interest ends?
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Which condition could lead to the extinction of an easement mentioned in the content?
Which condition could lead to the extinction of an easement mentioned in the content?
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What is a defining feature of an easement?
What is a defining feature of an easement?
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Which type of easement requires the act of man for its enjoyment?
Which type of easement requires the act of man for its enjoyment?
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Which of the following is an example of a continuous easement?
Which of the following is an example of a continuous easement?
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What does 'right in re aliena' signify in terms of easements?
What does 'right in re aliena' signify in terms of easements?
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Which of the following correctly describes an apparent easement?
Which of the following correctly describes an apparent easement?
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Which option does NOT fulfill the requirement of an easement being beneficial to the dominant owner?
Which option does NOT fulfill the requirement of an easement being beneficial to the dominant owner?
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What distinguishes a discontinuous easement from a continuous easement?
What distinguishes a discontinuous easement from a continuous easement?
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In which scenario would there be no easement?
In which scenario would there be no easement?
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What is the method of acquiring an easement through explicit terms in a legal document called?
What is the method of acquiring an easement through explicit terms in a legal document called?
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Which of the following easements is established when a property cannot be used without it?
Which of the following easements is established when a property cannot be used without it?
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Under what condition must an easement be recorded in writing if the property value exceeds Rs.100/-?
Under what condition must an easement be recorded in writing if the property value exceeds Rs.100/-?
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In the context of a quasi-easement, which of the following statements is true?
In the context of a quasi-easement, which of the following statements is true?
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If A sells land B to C, which is only accessible through A's land, which type of easement applies?
If A sells land B to C, which is only accessible through A's land, which type of easement applies?
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What must a grantor do to ensure that rights are conveyed through an express grant?
What must a grantor do to ensure that rights are conveyed through an express grant?
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Which type of easement is essential for the structural support of one property from another?
Which type of easement is essential for the structural support of one property from another?
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What determines the need for the transferee to acquire a quasi-easement?
What determines the need for the transferee to acquire a quasi-easement?
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What happens to an easement when the dominant owner releases it to the servient owner?
What happens to an easement when the dominant owner releases it to the servient owner?
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Under which condition does an easement of necessity get extinguished?
Under which condition does an easement of necessity get extinguished?
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What occurs when an easement is deemed useless?
What occurs when an easement is deemed useless?
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What is the consequence of a permanent change in dominant heritage?
What is the consequence of a permanent change in dominant heritage?
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How does an easement end when the servient tenement is destroyed?
How does an easement end when the servient tenement is destroyed?
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What is meant by 'extinction by release' in relation to easements?
What is meant by 'extinction by release' in relation to easements?
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In the context of easements, what does 'termination of necessity' indicate?
In the context of easements, what does 'termination of necessity' indicate?
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What example illustrates a useless easement?
What example illustrates a useless easement?
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What occurs when either the dominant or servient heritage is destroyed?
What occurs when either the dominant or servient heritage is destroyed?
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Under what condition does an easement extinguish due to non-enjoyment?
Under what condition does an easement extinguish due to non-enjoyment?
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What happens when both the dominant and servient heritages become unified through ownership?
What happens when both the dominant and servient heritages become unified through ownership?
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In the case of a temporarily suspended easement, when does it revive?
In the case of a temporarily suspended easement, when does it revive?
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What is the maximum period after which an easement can revive if the dominant or servient heritage is restored?
What is the maximum period after which an easement can revive if the dominant or servient heritage is restored?
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What is a licence according to the Easement Act?
What is a licence according to the Easement Act?
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If the easement arises from unity of ownership, under what condition does it survive?
If the easement arises from unity of ownership, under what condition does it survive?
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What does the term 'non-enjoyment' refer to in the context of easements?
What does the term 'non-enjoyment' refer to in the context of easements?
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Under what condition can a license to attend a place of public entertainment be transferred by the licensee?
Under what condition can a license to attend a place of public entertainment be transferred by the licensee?
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What happens when a licensee attempts to transfer their license under the general rule?
What happens when a licensee attempts to transfer their license under the general rule?
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When can a license be considered irrevocable according to Section 60?
When can a license be considered irrevocable according to Section 60?
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Which of the following actions does NOT make a license irrevocable?
Which of the following actions does NOT make a license irrevocable?
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In what situation could revocation of a license be permitted?
In what situation could revocation of a license be permitted?
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Licenses that are irrevocable typically involve which of the following?
Licenses that are irrevocable typically involve which of the following?
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What is the implication when a license is considered not to be transferable?
What is the implication when a license is considered not to be transferable?
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Which one of the following rights cannot be transferred, according to the examples provided?
Which one of the following rights cannot be transferred, according to the examples provided?
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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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Description
Explore the key principles and definitions of the Law on Easement Act. This quiz will help you understand the rights and responsibilities regarding easements, including definitions, dominant and servient land, and their implications. Enhance your legal knowledge and apply it in real-life scenarios.
