...forces the servient-estate owner to permit certain actions by the easement holder, such as discharging water onto the servient estate.Apparent easement - A visually evident easement...easement that the holder has the sole right to use.Floating easement - An easement that, when created, is not limited to any specific part of the servient estate.Flowage easement - A common-law easeme...right to regulate navigable waters, even when the regulation interferes with private water rights.Negative easement - An easement that prohibits the servient-estate owner from doing...

...the act of partitioning their estate, in such a way that the contingent right of servient owner (viz. not to bear the burden of the dominant owner on the alternative way being available for the...heritage cannot work to the detriment of the owner of the servient heritage. In other words it was not open to the plaintiff and Ranchhodbhai Patel to so divide their properties that the burden on the...No. 73-B had mutually divided the land making the survey No. 73-B-1 and 73-B-2 and that in the year 1933 the owner of survey No. 73-B-2 had taken off his claim over survey No. 73-A and so the owner...

...provides. If the grant is in general terms, it is limited to a use which is as reasonable and as little burdensome to the servient estate as the nature of the easement and its object will permit”.“Also the use must be...the servient estate or of others likewise entitled to use the way.”“On the other hand...a right of way available for vehicular traffic can be used by the servient owner only as a footpath.11. In the present case, the courts below have found that there is no easement of...

...affairs including the act of partitioning their estate, in such a way that contingent right of servient owner would not be lost for ever." (4) He has further relied on the...part of the owner of the dominant heritage cannot work to the detriment of the owner of the servient heritage. In other words, it was not open to the plaintiff to so divide their properties that the...: "easement of necessity would no longer be available when alternative way is available to the claimant of that right. However, the action on the part of the co - owner or any action on...

...reasonable and as little burdensome to the servient estate as the nature of the easement and its object will permit.""Also the use must be reasonable so as not unnecessarily to injure the rights of the owner of...grant, but may of course be used in accordance therewith; but the owner of the dominant tenement cannot increase the servitude imposed on the servient tenement, and he can use it only in a reasonable...the servient estate or of others likewise entitled to use the way. On the other hand, where a way is granted or reserved without any limitation as to its use, it will not necessarily be...

...indispensable tenet ingraining the easementary right of necessityr of a servient owner using the dominant heritage as o a paussage to access his estate warrantsadduction...easementary right ofnecessity qua user as a path the land of the servient owner ousts fo h r it t o hold legal might, the availability of alternativer i ou g tes or passages vis-a-vis...the servient heritage to thedominant owner, as a corollary when the deposition of DW-2 H ousts the attraction of the principle of easement of necessity of user...

...beyond dispute. The unity of the dominant and servient estates in the same person extinguishes the easement appurtenant to the dominant estate, for no person can have an easement in land which he himself...owner acquires only part of the servient heritage: the easement is not extinguished, except in the case illustrated in Section 41. 7. Section 41 deals with an easement of necessity.... He concedes that if the owner of the dominant tenement acquires merely a leasehold interest in the servient tenement, the easement appurtenant to the dominant tenement would not be extinguished by the...

...they had, to use the general term employed in the statute, a good engagement. In taking the servient estate, this engagement accompanied the transaction, and the engagement was thereafter with the Crown. 10. In tha...(that is, subsequent inam), as opposed to inams granted prior to the settlement and excluded from the assets of a permanently settled estate and afterwards enfranchised by the inam rules in 1861 to 1864...footing that the finding is correct. Both the lower courts dismissed the suit. The District Munsif found (vide paragraph 48 of the judgment) that the Government as owner of one of the bunds is also...

...dominant tenement owner's right over servient tenement will get extinguished when the servient tenement's ownership transferred to another person by way of sale by servient owner...not merely necessary for the reasonable enjoyment of the dominant tenement, but one where dominant tenement cannot be used at all without the easement. The burden of the servient owner in such a case...barest necessity however inconvenient it is irrespective of the question whether a better access could be given by the servient owner or not. When an alternate access becomes available, the legal necessity...

...dominant and servient estates in the same person extinguishes the easement appurtenant to the dominant estate, for no person can have an easement in land which he himself owns. But unity of title of two...during the time of such unity of possession. Consequently an easement may be revived, after it has been extinguished by the union of the dominant and servient tenements in one owner by their subsequent...: 15 R.R. 508 : 128 E.R. 709. Again, where the owner in fee of the dominant tenement acquired an outstanding lease in the servient tenement but subsequently parted with...

...positive that the grantor of the servient tenement must have intended to reserve the right of way. Thus the old rule that upon severance of an estate and in the absence of any express grant, those...right; the decisions in Suffield v. Brown (1) and Crossley v. Lightowler (2), show that where the owner of two tenements or if one tenement divided into two parts transfers one part...occupation; the condition of such land is thenceforth determined by the contract of alienation and not by the previous user of the former common owner during his common ownership. The question thus...

...this character is beyond dispute. The unity of the dominant and servient estates in the same person extinguishes the easement appurtenant to the dominant estate, for no person can have an easement in...and servient tenements in one owner, by their subsequent severance, provided the easement is apparent, continuous and essential to the enjoyment of the dominant tenement. The application of these...being extinguished, will revive”: see also Whalley v. Tompson , Buckby v. Coles . Again, where the owner in fee of the dominant tenement acquired an outstanding lease in the servient...

...right, and he could not be said to have lost that right, simply because he spent his own money in purchasing some adjoining property. He argued that the servient owner could not take advantage of a...the severance of an estate originally entire. 26. When an easement of necessity is extinguished when the necessity comes to an end by the dominant owner acquiring adjoining property...through which he could pass and re-pass to the old dominant tenement without reference to the servient tenement, the same could not be revived by the dominant owner selling portions of his property...

...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, the servient tenement; and(6) The...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 a privilege, without profit, which the owner of one tenement has a right to enjoy in respect of that...

...against the transferee after the transfer.3. If we adopt the view contended for by the appellant, we should have to hold that the transfer of the servient tenement by a private owner to...1. The subject of dispute is an easement claimed as acquired by prescription. The servient tenement belonged to Government till 2 years before suit and was then assigned by Government to...ownership had the effect of rendering it absolute, inasmuch as the servient tenement became the property of a private individual against whom the previous 30 or 40 years' enjoyment would be sufficient...

...Servient owner has right to seek for shifting of easement to another part of the Servient Heritage for the convenient use of the Servient Heritage, in view of Section 22 of the Indian Easement Act...in the mode which is least onerous to the servient owner; and, when the exercise of an easement can without detriment to the dominant owner be confined to a determinate part of the servient heritage..., such exercise shall, at the request of the servient owner, be so confined. Illustrations (a) A has a right of way over B's field...

...servient heritage is being used peaceably as an easement without interruption for last 20 years in the knowledge of the servient owner and if that is the position, the learned First Appellate Court erred...owner. The land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof is the servient owner. 15. Under Section 15 of the Act, by...been argued that since the plaintiff is not the owner of the dominant heritage, therefore, he has no right to use the servient heritage as way. The said argument cannot be accepted for dual reasons...

...sufficient if the plaintiff Impleaded the particular servient owner against whom alone he claims relief, as according to the plaintiffs the other servient owners were not in any way interfering with...that he need file a suit only against such of the servient owners who obstruct his right of way, that the court is bound to abjudicate the disputes as between him and the obstructing servient owner. He...also points out that even if such a decree may not bind the other servient owners his suit cannot be dismissed as against the servient owner against whom he has filed the suit merely on the ground...

...grant as the condition and direction of the road as well as the long: user of it for the sole benefit of the part of the estate reserved was considered proof positive that the grantor of the servient...tenement must have intended to reserve the right of way. Thus the old rule that upon severance of an estate and in the absence of any express grant, those quasi easements which the owner of the.... 584 : 16 L.T. 438 : 15 W.R. 801 show that where the owner of two tenements or of one tenement divided into two parts transfers one part, he puts an end by contract to...

...view that the defendants were not the owners of the suit property, it could not have granted declaration of easementary right as no such relief could be granted unless the servient owner is impleaded as...of an easementary right relates to a right possessed by a dominant owner/occupier over a property not his own, having the effect of restricting the natural rights of the owner/occupier of such..., right to a watercourse, etc. Easements can be acquired by different ways and are of different kinds, that is, easement by grant, easement of necessity, easement by prescription, etc. A dominant owner...