📋 Overview
Easement rights give one property owner the right to use another's land for specific purposes — right of way, light, air, drainage, etc. These are governed by the Indian Easements Act, 1882.
⚖️ Key Legal Principles
1
Easement can be acquired by grant, necessity, prescription (20 years)
2
Easement of necessity exists for landlocked property
3
Owner cannot obstruct a legally established easement
4
Easement is attached to land, not person — transfers with property
🏛️ Important Supreme Court Judgments
⚖️ Nair Service Society v. K.C. Alexander (1968)
AIR 1968 SC 1165 | (1968) 3 SCR 163
Easement by prescription requires open, peaceful use as of right for 20 years without interruption
⚖️ P. Anand Gajapathi Raju v. P.V.G. Raju (2000)
(2000) 4 SCC 539 | AIR 2000 SC 1930
Easement of way of necessity arises only when there is no other access to public road from the property
🏛️ Important High Court Judgments
⚖️ Bombay HC — Jairam v. Namdeo (2021)
Easement right established by 30 years' continuous use cannot be extinguished by new property owner
⚖️ Kerala HC — Thomas v. Joseph (2020)
Right to light and air — construction blocking windows of adjacent 100-year-old structure restrained
❓ Frequently Asked Questions
Q: What is easement of necessity?
A: It is the right of way over another's land that is absolutely necessary to access your landlocked property. Courts grant this as a legal necessity even without agreement.
Q: How long must you use a path to claim prescriptive easement?
A: 20 years of open, peaceful, continuous use as of right without the owner's permission creates a prescriptive easement under Section 15 of Easements Act.