Indian Easements 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.

Sec 60 of Easements Act 1882 is not exhaustive and parties can stipulate a licence to be revocable

I hold that the licence deed dated 16th July, 1982 is revocable. The Licensee's contention that the licence is irrevocable under section 60(b) of the Indian Easements Act, 1882 on the ground of having made permanent construction, is contrary to the well settled law and is rejected. The contention of the Licensee that the terms of the licence constitute an irrevocable licence in favour of the Licensee is also misconceived and is rejected

Easements Act 1882

Easement” defined4. 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.

An easement of way claimed as a way of necessity can only be created where there is an absolute necessity for it

It is a well-established principle of law that a man cannot acquire a way of necessity, if he has other means of access to his land, however inconvenient, it may be, then by passing over to his neighbors soil. An easement of way, claimed as a way of necessity, can only be created where there is an absolute necessity for it, and not when there is a possibility of finding out another way, though at a greater expense. Under the provisions of Section 13 of the Easements Act, 1882 [hereinafter called as "the Act" for short], a right of easement has been conferred under the provisions and in a case where a partition is made of the joint property of several persons, if an easement over the share of one of them is necessary for enjoying the share of another of them, the latter shall be entitled to such easement. Even otherwise, if an easement is apparent and continuous and necessary for enjoying the share of the latter as it was enjoyed when the partition took effect, a person who has been granted share is entitled to such easement.