VALUATION
OF
LAND AND BUILDING
FOR IBBI EXAMINATION
By:
CEV INTEGRAL APPRAISERS FOUNDATION
REGISTERED VALUERS ORGANISATION
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Chapter INDIAN EASEMENT ACT 352
20
20.1 Easement 352
20.2 Characteristics Of Easement Rights 353
20.3 Classification Of Easement 353
20.4 Termination Of Easement 356
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INDIAN EASEMENT ACT
CHAPTER 20 :INDIAN EASEMENT ACT
Easement
"Easement" defined. -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.
An easement is the right to use the real property of another without possessing it.
Dominant heritage … The land for the beneficial enjoyment of whichthe right
exists Servient heritage … land on which the liability is imposed
Dominant owner ... owner of dominant heritage
Servient Owner ... Owner of land on which liability is imposed
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INDIAN EASEMENT ACT
CHARACTERISTICS OF EASEMENT RIGHTS
There must be dominant and a servient tenement;
The easement must accommodate the dominant tenement.
The right of easement must be possessed for the beneficial enjoyment of the
dominant tenement
Dominant and servient owners must be different persons.
The right should entitle the dominant owner to do and continue to do something, or
to prevent and continue to prevent something being done, in or upon, or in respect
of servient tenement and
That something must be of certain or well defined character and be capable of
forming the subject matter of grant.
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INDIAN EASEMENT ACT
CLASSIFICATION OF EASEMENT
Positive and negative easement
Apparent and Non apparent easement
Continuous and discontinuous easement
Easement of necessity and Quasi easement
POSITIVE AND NEGATIVE EASEMENT
Positive easement deals with right of the dominant owner to do some affirmative Act upon
the servient heritage.
An easement entitling its holder to do something affecting the land of another in such a
way that the holder would be guilty of trespass or nuisance were it not for the easement
Ex: Right of way in another person’s land
Negative easement means the right to restrain the commission of an act on the servient
tenant
Ex A right to air and light
APPARENT EASEMENT AND NON APPARENT EASEMENT
Apparent easement can be observed –
Ex:Right to take water from the other persons land
Non apparent Easement: A non-apparent easement is one that has no external signs to
point to its existence
Ex: Right of way over another person’s land
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INDIAN EASEMENT ACT
CONTINUOUS EASEMENT
This is in continuous practice
Continuous easements are those kind of easements that can be enjoyed without a
purposeful or deliberate act by an individual who claims it. Continuous
easements include easements for sewer pipes, drains, light and air, or lateral support of a
wall.
Ex: Right to receive air and light .Right of way is discontinuance
EASEMENT OF NECESSITY
It arises by operation of law on the basis of implied grant
It is an easement which law creates by virtue of the doctrine implied grant on severance of
common ownership of the tenements to meet the necessity of a particular case.
Ex: A is an owner of house and vacant site. The right of way to the house is provided
through vacant site. Now A sells the house to B, B is entitled to the easement of right of
way
QUASI EASEMENT
The right of a common owner to claim right over one property for the benefit of another is
called Quasi Easement
In case of Quasi easement a common owner of two properties can exercise some right over
one property for the beneficial enjoyment of the other property. This is not easement
because there is no dominant and servient owner have distinct property
Easement right cannot be claimed by the dominant owner unless it is expressly reserved
by the or for the beneficial enjoyment of the dominant heritage.
EASEMENT BY PRESCRIPTION
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Easement by Prescription arises if that right is enjoyed peacefully without any
interruption for a period twenty years
light and Air
Support of one property is necessary for enjoyment of another property
It may be with right to way or any other easement right.
If the property belongs to Government, the period is 60 years.
TERMINATION OF EASEMENT
If the basis of cause of such easement has ceased to exist.
Example: vacating the house loses his right of way on B’s land
Right holder either expressly of impliedly give up his easementary right
Servient owner revokes the easementary right by exercising the power of
revocation
If the easement is for a limited period
When the easement is not beneficial to owner of easement
In case of easement necessity then when such necessity comes to an end.
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