The following conditions must be satisfied for the
acquisition of right to easements:
i) Peaceably:
The term peaceably signifies that the enjoyment must not
be by violence or force stealth.
ii)
Openly
Openly means that the enjoyment must be open and
not by stealth or surreptitiously or in disguise.
iii)
As of right:
It means that, the enjoyment must be without any leave or
license of the servient owner or without any consideration or payment
howsoever nominal it is. As of right means an adverse exercise of the right
against the servient owner.
iv) Without interruption:
Without interruption means without any obstruction on the
part of the person against when the easement is claimed. It is not necessary
that the enjoyment must be for every moment. What is necessary that the right
have continuously and substantially used or enjoyed whenever occasion
required. Here non user does not constitute interruption.
|
Friday 13 June 2014
Conditions of easement
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment