CREATION AND

TERMINATION OF
EASEMENTS
Sanjana V
Bcom LLB
 INTRODUCTION TO EASEMENT
◦ An easement is a legal right that allows one person to use another person’s land for a specific purpose. It is
a non-possessory interest in the land, meaning the holder of the easement does not own or occupy the
land, but merely has a right to use it in some limited way.

◦ KEY ELEMENTS:

◦ 1. Two parties involved:

◦ • Dominant Tenement: The land which benefits from the easement

◦ • Servient Tenement: The land that bears the burden of the easement

◦ 2. Non-possessory nature:

◦ • The easement holder does not have ownership or possession—just a right to use.

◦ 3. Permanent or temporary:

◦ • Easements can be perpetual (e.g., a permanent right of way) or for a specific period.
Common Examples:
• A path allowing a neighbor to walk across another’s land (right of way)
• A right to lay pipes or cables beneath another’s land
• A right to discharge rainwater into a neighbor’s drain
• A right to receive light or air unobstructed from adjacent property

Importance of Easements:
• Easements are crucial in land development, urban infrastructure, and access to landlocked
properties.
• They help balance private property rights with practical needs for access and utility.
LEGAL FRAMEWORK
. Indian Easements Act, 1882
The primary legislation governing easements in India. It defines, classifies, and
regulates the creation, operation, and extinction of easements.

Key Provisions:
• Section 4 – Definition of Easement
Right possessed by the owner or occupier of certain land to do or prevent
something on another’s land for beneficial enjoyment.
• Section 13–17 – Implied Easements
Covers easement of necessity and quasi-easement (arising from previous use).
• Section 18–20 – Easements by Prescription
A continuous and uninterrupted use for 20 years without permission leads to a
legal easement.
• Section 47–51 – Extinction and Suspension
Lists conditions like destruction, merger, abandonment, or non-use which lead to
termination.
TYPES OF EASEMENT
1. Based on Nature
a. Positive Easement
Allows the dominant owner to do something on the servient land.
Example: Right of way to cross someone else’s land.

b. Negative Easement
Restrains the servient owner from doing something that would affect the dominant
land.
Example: Right to light – servient owner can’t build a structure that blocks light.

2. Based on Benefit

a. Appurtenant Easement
• Tied to a piece of land (dominant tenement).
• Passes with the land when ownership is transferred.
Example: A pathway used by a landowner to access a public road through neighboring
land.
b. Easement in Gross
• Benefits a person or entity, not a piece of land.
• Does not pass with property; personal in nature.
Example: Power company’s right to install electric lines on someone’s land.
 MODES OF CREATION OF EASEMENT

1. Express Grant or Reservation

An easement is deliberately created through a written document such as a deed, contract, or

will.
• Key Points:
• Clearly defined terms regarding rights and limitations
• Typically recorded in public records
• Example:
A property owner expressly grants a right of way to a neighbor through a deed at the time of
sale.
2. Implied Easement

Easements that are not explicitly stated in writing but are inferred
from the circumstances or conduct of the parties

• Types:

• Implied Grant:
Arises when a property is divided and the use of one part inherently
benefits the other.

• Implied Reservation:
Occurs when a property owner sells a portion of land but retains a use
of the remaining land.

• Example:
A split property where a shared driveway is used by both sections,
even though it wasn’t formally recorded.
3. Easement by Necessity

Arises when a property is landlocked or has no access to a public road, making the easement
necessary for reasonable use.

• Key Points:
• Limited strictly to what is necessary for access
• Courts may impose such easements to avoid undue hardship

• Example:
A parcel of land with no legal access gains an easement over neighboring property to reach the
road.

4. Custom or Acquired by Long Usage

Some easements develop over time simply due to the longstanding custom or habitual use, even if
not legally formalized.

• Key Points:
• Often recognized by local practice and community standards
• Can be harder to enforce legally without supporting documentation
5. Prescriptive Easement

Obtained through continuous, open, and adverse use of another’s

land over a statutory period (commonly 20 years in India).

• Key Points:
• Must be without the explicit permission of the servient owner
• Use must be hostile (without consent), continuous, and apparent

• Example:
A pathway regularly used by a neighbor for over 20 years may
become a prescriptive easement.
TERMINATION OF EASEMENT
1. By Release
• Express surrender by dominant owner

2. By Cessation of Purpose
• When the need no longer exists

3. By Unity of Ownership
• Dominant and servient lands merge

4. By Non-Use
• Non-use for 20 years (Indian law)

5. By Expiry of Term or Event

• Easement granted for a limited time
 CASE LAWS

Case Laws on Creation

• Maneklal Mansukhbhai v. Hormusji Jamshedji Ginwalla (1950)

This case dealt with a drainage easement where

the dominant owner claimed a right to discharge
water through the neighbor’s property. The court
found that due to non-use and changes in the
property’s structure, there was no clear intention
to continue the easement, leading to its implied
abandonment and termination.
◦ GOMTI V MAHAVEER

Gomti Bai claimed a right of way (easement of

necessity) over Mahaveer’s land because her land
was landlocked. However, the court found that an
alternate access (public road) had become
available.

Held: The easement of necessity ended because

the necessity no longer existed.

Key takeaway: Easement by necessity ends when

the necessity ends—like when access to a public
road is available.
Chapsibhai Dhanjibhai Danad v. Purushottam
(1971)

Citation: AIR 1971 SC 1878

Facts:
•Chapsibhai claimed a right of way over Purushottam’s land based on long and
continuous use for more than 20 years.
•The case revolved around whether this use created a valid easement by
prescription.

Held:
•The Supreme Court held that if a person uses a path over another’s land openly,
peacefully, and without permission for 20 years, they can acquire an easement by
prescription under Section 15 of the Indian Easements Act, 1882.
 CONCLUSION
◦ In conclusion, easements are vital legal tools that balance individual
property rights with broader public interests. They are established
through diverse modes such as express grants, implied arrangements,
easements by necessity, and prescriptive easements, each reflecting
distinct legal principles and practical applications. Equally important is
their termination, which may occur when the original purpose is no
longer relevant, through explicit release, merger of ownership, or
prolonged non-use. Together, these processes not only facilitate access
and support urban development but also ensure that property rights
evolve in tandem with societal needs and judicial interpretations.
THANKYOU