CHAPTER II THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS

Section 12: Who may acquire easements

An easement may be acquired by the owner of the immovable property for the beneficial enjoyment of which the right is created or on his behalf, by any person in possession of the same.

One of two or more co-owners of immovable property may, as such, with or without the consent of the other or others, acquire an easement for the beneficial enjoyment of such property.

No lessee of immovable property can acquire, for the beneficial enjoyment of other immovable property of his own, an easement in or over the property comprised in his lease.

Questions on this section

1 question in 3 of our papers cite Section 12. Try these from the free papers:

1. A holds field X as a lessee of L. A also owns the adjoining field Y, which has its own access from a public road. For twenty-five years during the lease, A has used a path across X to reach Y. On the lease coming to an end, A claims an easement of way over X for the benefit of Y. Under Section 12 of the Indian Easements Act, 1882:

Practise questions on Registration and Easements Acts