Easment act
pratik
(Querist) 09 June 2010
This query is : Resolved
As Per Section 4 what is the meaning of Easement with the examples. Pls Because the examples give under the act is not properly understood by me as per the definition. so pls it is a request to make me understand the defination in detail & also the example(s) in details pls.
the extract of the section 4 are as belowmentioned:
4. “Easement” defined.- 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. Dominant and servient heritages and owners The land for the beneficial enjoyment of which the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner; the land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof the servient owner.
meaning of beneficial enjoyment .
Thanking u all experts in advance.
Prakash Langalia
(Expert) 09 June 2010
you may refer AIR 1981 Delhi 118,AIR 1985 pat 124,AIR 1993 cal 125,AIR 1959 pat 463,AIR 1952 cal 108,AIR 1955 AP 199,AIR 2008 MP 105 for detailed meaning of beneficial enjoyment.
