Friday 13 June 2014

Conditions of easement




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.

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