1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
EASEMENTARY RIGHTS
FILMA VARGHESE
TRADE MARK DEPARTMENT

2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
INTRODUCTION
An easement is a right 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 and not to the person claiming easement.

3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
DEFINITION OF EASEMENT
(Section 4 of the Indian Easement Act, 1882)
An easement is a right which the owner or
occupier of certain land possesses, as such, for the
beneficial enjoyment of that land, to do and
continue to do something, or to prevent and
continue to prevent something being done, in or
upon, or in respect of certain other land not his
own.
There are several types of easements. Right of way,
right to air and light, riparian rights, right to build,
and right to uninterrupted flow of water, are a
few.

4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
“Profits-a-prendre” and Easement
• Profits-a-prendre – A Profits-a-prendre is a right to remove and
appropriate any part of the soil or anything growing upon or attached to
the soil for the purpose of profit, which belongs to another.
• The definition of “Easement” is wide enough to include Profits-a-prendre
too.
• Easements in India are capable of being exercised not only over actual
land itself but over things permanently attached to the land, such as
houses or buildings of any kind or over anything, growing on or attached
to or subsisting upon, land, such as woods, tanks and rivers.
• While an easement can never import an interest in land, a Profits-a-
prendre which gives a right to take away a portion of the produce of
another soil may be said to that extend to be an interest in land or
possessory right.
• Certain example of Profits-a-prendre – Right to harvest rice, a right to
catch fish, a right to take the timber, a right to take grave, right to graze
the cattle, sheep etc.

5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
DOMINANT AND A SERVIENT TENEMENT
A landowner's benefit from a property
which is not his own and over which
he has a right is called a dominant
heritage or dominant tenement, and
the owner of such a land is called the
dominant owner.
Dominant because the owner has control over the use of that
particular land which he does not possess.
A case where another person has a right over a part of the property
of a landowner is called servient tenement and the owner of such a
land is called servient owner. Servient or subordinate because he has
to abide by the requirements and convenience of the dominant
owner.

6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CHARACTERISTICS OF EASEMENT RIGHTS
1. There must be a dominant and a servient tenement
2. The easement must accommodate the dominant tenement
3. The right of the easement must be possessed for the beneficial
enjoyment of the dominant tenement.
4. Dominant and servient owners must be different persons.
5. The right should entitle the dominant owner to do and continue
to do something, or to prevent and continue to prevent
something being done, in or upon, or in respect of servient
tenement and
6. That something must be of certain or well defined character and
be capable of forming the subject matter of grant.

7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
HOW ARE EASEMENTS CREATED?
IMPOSITION, ACQUISITION & TRANSFER OF EASEMENTS
oby grant
oby prescription
oby custom
oBy necessity

8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Express Easements:
Most easements are created by creating a conveyance in a legal document that is
recorded with the recorder of deeds where the property is located, commonly called
an express grant of an easement.
An easement can be acquired by grant. The deed may be separate or the grant may
be included in a deed relating to the dominant heritage.
For example, X sells his land to Y and by the same deed he may grant a right of way
to Y for the land through another land of his.
However, there are exceptions to the written easement, such as an easement of
necessity, implied or visible easement and easement by prescriptive use.
Implied Easements:
Implied easements are more complex and are supported by the courts based on the
use of a property and the intention of the original parties, who can be private or
public/government entities. Implied easements are not recorded or explicitly stated,
but reflect the practices and customs of use for a property. Courts typically refer to
the intent of the parties, as well as prior use, to determine the existence of an implied
easement.
CONTINUED…
.

9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
Easement by Prescription:
• Prescription means getting a right by
continuous assertion of the right, which
has been in use for a long period of
time.
• According to the Indian Easements Act,
the inhabitants of a building enjoying the
access and use of air and light as a right
continuously for over 20 years have the
right to them without any condition or
restriction.
Easement by custom:
• 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.

10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
Easement by necessity:
Necessity alone is an insufficient claim to
create any easement. To obtain this generally
the party who claims the easement files a
lawsuit and get a court order to determine
the existence of an easement by necessity. In
India, easement of necessity could be claimed
only in such cases where transfer or partition
necessitates such claim. This method of
creating an easement, being an active creation
by a court of an otherwise non-existent right,
will be automatically extinguished upon
termination of the necessity.
Easement by prior use:
An easement may also be created by prior
use. Easements by prior use are based on the
idea that land owners can intend to create an
easement, but forget to include it in the deed.

11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
Easement by Estoppel:
When a property owner misrepresents the existence of an easement while selling a
property and does not include an express easement in the deed to the buyer, the
court may step in and create an easement. Easements by estoppel generally look
to any promises not made in writing, any money spent by the benefiting party in
reliance on the representations of the burdened party. If the court finds that the
buyer acted in good faith and relied on the seller's promises, the court will create
an easement by Estoppel.
Affirmative and Negative Easements:
An affirmative easement is the right to use another’s property for a specific
purpose, while a negative easement is the right to prevent another from
performing an otherwise lawful activity on their property.
Private and Public Easements:
A private easement is held by private individuals or entities. A public easement
grants an easement for a public use, for example, customary rights are public
rights annexed to the place in general.

12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PRECECENTS
• Creation of an easement does not mean transfer of property. In the same manner,
surrendering an easement right does not imply transfer of property. An easement
can be made, altered, and released. Easement rights cannot be created or modified
orally.
• It must be in a written form. However, easements by prescription and custom need
not be in writing.
• A deed of grant must clearly mention the purpose of which easement is granted. By
the deed of grant the subservient owner give full and free right to the dominant
owner and his successors a passage wide enough for movement of people and
vehicles between the dominant owner's premises and the public road.
• To make matters very clear a map with the properties and the passage marked in
different colours must be annexed to the document of grant.
• The dominant and servient owners have certain rights and obligations to maintain
and preserve the easement. While exercising his right over the property of the
servient heritage, the dominant owner has responsibilities to preserve the easement.
His acts and deeds should not put the servient owner into inconveniences. Being the
actual user he should rectify the damages if any caused by his acts at this own
expense.

13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THANK YOU