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Entitlement of The Easement for Homebuyers

Avik Chakravorty
Entitlement of The Easement for Homebuyers
The topic of discussion in this blog is homebuyer's right to an easement and the benefits derived from the possession of the piece of land.

The right of easement is a well-established right since time immemorial. An easement is essentially an entitlement to a certain land that the owner or occupier possesses and thereby derives benefit from the piece of land to either do and keep on doing something or to hold back and continue to hold back someone from doing something on another piece of land that may not be one’s own.

In legal terms, the right to the beneficial enjoyment of the land is known as the dominant heritage and the owner or whoever is the occupier is the dominant owner. The imposition of liability on the land is known as the servant heritage, and the owner or occupier is known as the servient owner.

The term easement according to The Indian Easements Act, 1882 is an entitlement that is in possession of the owner or occupier of land possesses to derive benefit and enjoy the land by doing and continue doing something or obstruct someone from doing something on a piece of another land. It's relevant mentioning that the expert civil lawyers in India believe that an entitlement that cannot be denied by interfering physically while deriving benefit acquiring it as an easement may not be possible.

Due to the unique nature of easement rights comparable with customary rights its often confusing. Noting that It is vital to note that there is a vast difference between customary rights and easement rights. A customary right is a right in gross whereas an easement is related to a tenement.

These rights are claimed specific to a locality and looking out for their origin is wholly unnecessary. Private easement, however, can be claimed by well-defined persons and arises from an expressed or implied grant from the prospective user.

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