Easement
Also called: Servitude, Dominant and servient heritage
A right of the owner or occupier of land, as such, for its beneficial enjoyment, to do something, or prevent something being done, on other land not his own.
Explained
Section 4 of the Indian Easements Act, 1882 defines an easement as a right which the owner or occupier of 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. The land that benefits is the dominant heritage and the land burdened is the servient heritage. Land includes things permanently attached to the earth, and beneficial enjoyment includes possible convenience, remote advantage and even a mere amenity.
The essentials are a dominant and a servient heritage, owned by different persons; a right attached to the dominant land for its beneficial enjoyment, not a personal right; and a right to do something or to prevent something on the servient land. Section 4 also covers the removal and appropriation of soil or things growing on the servient land. Section 2(f) of the Limitation Act, 1963 likewise includes such a right of removal, not arising from contract, within easement.
Easements arise by grant, by necessity or as quasi easements (Section 13), by custom (Section 18), and by prescription (Section 15). A right of way or other easement peaceably and openly enjoyed as an easement, as of right and without interruption for twenty years becomes absolute; the period is thirty years where the servient property belongs to the Government. Section 25 of the Limitation Act contains a parallel rule of acquisition by prescription.
Distinguish a licence under Section 52 of the Easements Act: a personal permission to do something on another's immovable property which would otherwise be unlawful, and which creates no easement or interest in the property. Because an easement belongs to the land, Section 6(c) of the Transfer of Property Act forbids its transfer apart from the dominant heritage, and under Section 19 of the Easements Act a transfer of the dominant heritage passes the easement with it.
What the law says
An easement is a right which the owner or occupier of 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.
Dominant and servient heritages and owners.—The land for the beneficial enjoyment of which the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner; the land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof the servient owner.
Defines easement and dominant and servient heritages
Where the access and use of light or air to and for any building have been peaceably enjoyed therewith, as an easement, without interruption, and for twenty years,
and where support from one person’s land or things affixed thereto has been peaceably received by another person’s land subjected to artificial pressure or by things affixed thereto as an easement, without interruption, and for twenty years,
and where a right of way or any other easement has been peaceably and openly enjoyed by any person claiming title thereto, as an easement, and as of right, without interruption, and for twenty years,
Acquisition of an easement by prescription
Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.
Defines licence, the contrasting personal right
(f) “easement” includes a right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another or anything growing in, or attached to, or subsisting upon, the land of another;
Clause (f) defines easement for the Limitation Act
(1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and for twenty years, and where any way or watercourse or the use of any water or any other easement (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right without interruption and for twenty years, the right to such access and use of light or air, way, watercourse, use of water, or other easement shall be absolute and indefeasible.
(2) Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested.
(3) Where the property over which a right is claimed under sub-section (1) belongs to the Government that sub-section shall be read as if for the words “twenty years” the words “thirty years” were substituted.
Acquisition of easements by prescription under the Limitation Act
(c) An easement cannot be transferred apart from the dominant heritage.
(d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him.
[(dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred.]
Clause (c): easement not transferable apart from dominant heritage
Example
Illustration (a) to Section 4: A, as owner of a house, has a right of way over his neighbour B's land for purposes connected with the beneficial enjoyment of the house. This is an easement.
For the exam
- Definition: Section 4, Indian Easements Act, 1882; needs dominant and servient heritages.
- Prescription: 20 years' peaceable, open, uninterrupted enjoyment as of right; 30 years against Government land.
- An easement cannot be transferred apart from the dominant heritage (Section 6(c) TPA).
- A licence (Section 52) is personal and creates no interest in the property.
- Limitation Act Section 2(f) includes a right to remove soil or produce from another's land.
205 questions in the Law Maker question bank use this term. Practise Registration and Easements Acts questions
Related terms
- Immovable propertyLand, benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth. Defined inclusively in Section 3(26) of the General Clauses Act, 1897.
- Attached to the earthRooted in the earth, imbedded in the earth, or attached to what is so imbedded for its permanent beneficial enjoyment. Section 3 of the TPA.
- Transfer of propertyUnder Section 5 of the TPA, an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons.
- LeaseA transfer of a right to enjoy immovable property for a certain time, or in perpetuity, in consideration of a premium or rent (Section 105 of the Transfer of Property Act).
- Prescribed periodUnder Section 2(j) of the Limitation Act, the period of limitation computed in accordance with the Act, as distinct from the bare period fixed by the Schedule.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.