What are the essentials of an easement under Indian easement Act 1882?


Defintion: 

                              According to section 4 of The Indian Easement Act 1882, an Easement is a right which the owner or the occupier of a 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.

Essentials of Easement:

From the section 4 of The Indian Easement Act 1882 we get the following essentials of Easement

1. There must be right

2. The right must be possessed by the owner or occupier of a certain land

3. The right must be for the beneficial enjoyment of that certain land

4. The right must be to do and continue to do something or to prevent and continue to prevent something being done

5. The right exists inn respect of certain other land not his own.

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