Law introduction eesement

INTRODUCTION
Easement literally meas Easy/ Comfort.
Definition: An easement is a right which the owner or occupier of certain land possess, 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.
Explanation: when a person having dominancy over the anothers property for the enjoyment of his own property that right over the property of another is called easement.

Easement is a story between two property owners and neighbours. There is a maxim in law that equity helps the vigilant and not the indolent and law making is based upon welfare of the people is supreme law. Easement is a warning to people that they must be vigilant in order to save their rights.

Indolent commits acquiescence, as it is assent to an infringement of rights, either expressed or implied, from conducts, by which the right to equitable relief is normally lost. It is a warning that No one should be allowed to use your property as a source of acquisition of light, air, and passage for water flowing. If there is no interference in trespass for consecutive twenty years, right of easement is acquired to the trespasser. Right of easement accrued after twenty years’ interference. It is not kind of ownership, it is just right of use of other’s land. Trespasser is called user and this right is called re aliena. This is also called accessory right. One who comes to your property with permission, if he is your friend, he is called licensee and if he is other than of your friend, he is called invitee. Easement is accrued by interference without permission. Dominant right of ownership is called re properia and owner is supposed vigilant whereas indolent property is called servient property.


How the easement is acquired: Easement is acquired by prescription, custom, and grant either implied or expressed.

Easement is a right to use (right of user) another’s property for support water, grass, light, air, way, and drainage etc. Since this property gives service to dominant owner, so it is also called servient ownership.

Classes of easement: There are six general classifications of easement.

1.      Affirmative (positive) and negative easement: In the case of easement, dominant owner has positive easement because it entitles dominant owner to make active use of the servient tenement or to do something in the absence of an easements, i.e., nuisance or trespass. Negative easement relates to servient tenement. It is a restriction over the servient owner to exercise an ordinary right of ownership over his land.

(1)         Right of way.

(2)         Drawing water from neighbor watercourse.

(3)         Right to bury dead body.

(4)         Grazing cattle on pasture.

2.      Apparent and non-apparent easement: Any sign or evidence of apparent on the servient tenement is apparent easement. Even the perception on careful inspection may create easement. An apparent easement means not only one which must necessarily be seen, but one which may be seen or known on a careful inspection by a competent person. If there is no evidence, or sign, or a competent authority makes no careful inspection, that is non-apparent easement.

3.      Continuous and discontinuous easement:Continuous easement is that which does not requires act of man for establishment. Its enjoyment, at present, or in future, becomes due without act of man. This act must be on servient tenement. Opening of shutter for letting light and air is not such act of man on the servient tenement. Discontinuous easement requires the act of man for its enjoyment. In case of right of way, every step of man is necessary for the enjoyment of easement and such step is on servient tenement. Light and air is continuous easements. Right of way for A over the landof B is discontinuous easement.

4.      Prescriptive and non-prescriptive easement: Prescriptive easement is easement where the access and use of light or air to and for any building have been peacefully enjoyed, as an easement, without interruption, for twenty years. Non-prescriptive easement does not require a period of twenty years’ enjoyment.

(1)            Grazing: Right to graze cattle over the land of another is established with enjoyment for the statutory period of twenty years.

(2)            Private nuisance: A right to create private nuisance has continuously been in existence for twenty years.

(3)            Profit-a-prendre: Profits, which come from rent, garden etc., are acquired by twenty years’ uninterrupted.

(4)            Repairing wall: Courtyard of neighbor can be used for the repairing and painting wall. Condition of twenty years enjoyment is there.

(7)            Fishery and ferry: The right is established on other’s property after twenty years enjoyment.

(8)            Right of privacy: This right should be proved right since the time immemorial.

Kinds of non-prescriptive easements:

(1)            Customary easement may be acquired by virtue of a local custom.

(2)            Necessity: Where one person transfers or bequeaths immovable property to another, that is necessity. Partitioning of a home may create easement by necessity for the use of common passage. Law creates the easement of necessity under the special circumstances by virtue of implied grant to meet the necessity of a particular use.

(3)            Quasi easement: Where immovable property possesses by operation of law.

5.      Easement for limited time or on condition: An easement may be permanent, or for a term of years, or other limited period, or subject to a periodical interruption, or exercisable only at a certain place, or at certain time, or between certain house, or for a particular purpose, or on condition that it shall commence or be come void or void-able on the happening of a specified event, or the performance of non-performance of a specified act.

6.      Subordinate easement: Servient owner may grant on servient heritage any easement that does not lessen the utility of the existing easement. This easement is granted with the consents of the dominant owner.

General kinds of easements: Following are the general kinds of easements:



1.    Passage of boats over waters belonging to other: The right to passage for boats in rainy season over water belonging to another property is an easement.

3.     Discharge latrine water: Such  right is as in discharge of household water.

4.      Right to use another’s latrine: The right to use neighboring latrine in the country is regarded is an easement.

5.     Putting up scaffolding on neighbor’s land:Putting scaffolding on neighbors open space for paint the wall or plastering the wall also fall within the category of recognized easement.


6.  Using roof for drying clothes: For the purpose of sitting or drying clothes, roof of another, can be used.


Who may impose easement: Impose means grant in the granter’s land. Impose is used to indicate grant upon his own land. Easement may be created either by express grant or implied grant. Anyone may impose easement, in the circumstances, and to the extent, in and to which he may transfer his interest in the heritage on which the liability is to be imposed.

Following are the “any one” who may impose easement:

1.      Owner: An individual owner of land can create easement for any estate or interest. The owner of servient tenement can impose easement, by his unilateral act, on his property.

2.      Co-owner: One of the co-owners may impose easement, with the consents of other owners.

3.      Lessee: Any lessee or tenant can impose easement on the leased land for the un-expired period of his lease or for any shorter period.

4.      Permanent tenure-holder: The holder of permanent tenure can create an easement.

5.      Ostensible or quasi owner: If a person grants an easement upon the representation that he has the title to do so and he has not the title at the time of the grant. If he subsequently acquires it, the easement so granted attaches to the newly acquired property and the conveyance operates by way of estoppel against the denial of the right.

6.      Limited owner: Limited owners having temporary interests in land may grant easement rights, which might last during the continuance of their interests.

Who may acquire easement: 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.

1.      Owner or person in possession: Owner of dominant heritage or person in possession of the dominant heritage on the behalf of the owner may acquire an easement. Easement is acquired for the beneficial enjoyment of the dominant heritage. An occupier of land can acquire easement.

2.      Co-owner: Co-owner of tenement in joint ownership can acquire an easement, either by grant or by prescription and on behalf of the co-owners of the tenement, but independently of their consents, and for the beneficial enjoyment of the tenement.

3.      Trespassers: Dominant owner is the person who has dominant right over his own property and he has committed trespassing for continuous twenty years over the servient heritage and has acquired easement.

4.      Lessees: A lessee who is in possession of the dominant owner can acquire an easement for his lessor in a servient tenement. There can be no easement between landlord and tenant.

5.      Co-tenant: Tenant of land can acquire an easement on the property held by  another tenant belonging to tenant of other than his own lessor.

Some important mcqs before partition

*Some Important # MCQs about*
           *#PRE_PARTITION*

Q. In which year War of Independence was fought:
Ans. 1857.
Q. Where Muhammadan Anglo-Oriental school was established:
Ans. Aligarh.
Q. Who established Indian National Congress?
Ans. A.Hume.
Q. When Congress was established?
Ans. 1885.
Q. When Sir Syed was born?
Ans. 1817
Q. When Sir Syed died?
Ans. 1898
Q. When was Bengal partitioned?
Ans. 1905.
Q. When the partition of Bengal was annulled?
Ans. 1911.
Q. When did Quaid-e-Azam join Muslim League?
Ans. 1913.
Q. When did the First World War started?
Ans. 1914.
Q. When did the First World War came to an end?
Ans. 1918.
Q. When did the Muslim League came into existence?
Ans. 30 Dec 1906.
Q.Who was the first President of Muslim League?
Ans. Sir Agha Khan.
Q. When did Simla deputation call on Viceroy Lord Minto?
Ans. 1906.
Q. When Minto-Morley Reforms were enforced?
Ans. 1909.
Q. When was Lucknow Pact agreed?
Ans. 1916.
Q. When Jallianwala Bagh incident occurred?
Ans. 13 April 1919.
Q. When did Khilafat Movement start?
Ans. 1918.
Q. Who was secretary of Khilafat deputation?
Ans. Hasan Muhammad Hayat.
Q. Who was the editor of “Comrade”?
Ans. Maulana Muhammad Ali Jauhar.
Q. Who was the editor of “Hamdard”?
Ans. Muhammad Ali Jauhar.
Q. Who was the editor of “Al-Hilal”?
Ans. Maulana Azad.
Q. Name the newspaper of Maulana Zafar Ali Khan?
Ans. Zamindar.
Q. When treaty of Severs was signed?
Ans. 20 August 1920.
Q. Who was Khalifa of Turkey?
Ans. Sultan Abdul Majid.
Q. Non-cooperation Movement was started during the days of?
Ans. Khilafat Movement.
Q. Who was Prime Minister of England during the period of Khilafat Movement?
Ans. Llyde George.
Q. Who issued Fatwa in favour of Khilafat Movement?
Ans. Maulana Azad and Maulana Abdul Bari.
Q. Who announced the end of Khilafat Movement?
Ans. Gandhi.
Q. When Princess of Wales visited India?
Ans. November 1921.
Q. When did Tragedy of Chora Churi happen?
Ans. 4 February 1922.
Q. When did Montague visit India?
Ans. 10 November 1917.
Q. When did Montague-Chelmsford Reforms were introduced in India?
Ans. 1919.
Q. How many members were in the council of state in the Montague-Chelms
ford Reforms?
Ans. 60.
Q. When Diarchy was introduced in Indian Act?
Ans. 1919.
Q. When Diarchy was introduced in the 8 provinces of India?
Ans. February 1921.
Q. When Diarchy was introduced in NWFP?
Ans. 1932.
Q. How long Diarchy remained in force in India?
Ans. 1921-1937.
Q. Rowlett Act was enforced on:
Ans. 18 March 1919.
Q. When was the formation of Simon Commission announced?
Ans. 8 November 1927.
Q. When Quaid-e-Azam said, “This is Parting of Ways”?
Ans. All Parties Conference in Calcutta.
Q. When Quaid-e-Azam presented his 14 points?
Ans. On Muslim League Delhi session 1929.
Q. When did Allama Iqbal Delivered his famous Address in “Allahabad”?
Ans. 30 December 1930.
Q. When Labour Party came in power in England?
Ans. May 1929.
Q. When First Round Table Conference was called in London?
Ans. 12 November 1930.
Q. How many total delegates were in the First Round Table Conference?
Ans. 89.
Q. Who presided over the First Round Table Conference?
Ans. George 5th.
Q. When did Second Round Table Conference was called?
Ans. 7 September 1931.
Q. When Third Round Table Conference started?
Ans. 17 November 1932.
Q. When Pona Pact was signed?
Ans. 25 September 1932.
Q. Who were the signatories of Pona Pact?
Ans. Ambidkar and Gandhi.
Q. How many seats were in 1937 Elections of Provincial Assemblies?
Ans. 1535.
Q. What was the total number of representative?
Ans. 1771.
Q. How many seats were capture by Congress?
Ans. 706.
Q. How many seats were in Provinces for Muslims?
Ans. 491.
Q. How many seats were captured by Muslim League?
Ans. 211.
Q. When congress ministries came to an end?
Ans. 14 November 1939.
Q. When day of deliverance was solemnized?
Ans. 22 December 1939.
Q. When Pakistan Resolution was passed?
Ans. 23 March 1940.
Q. When Cripps Mission came into India?
Ans. 23 March 1942.
Q. Quit India Movement was started in?
Ans. 1942.
Q. When Nadir Shah invaded on India?
Ans. 1739.
Q. When the Battle of Plasy was fought?
Ans. 1758.
Q. Sultan Tepu was defeated by the British in the year:
Ans. 1799.
Q. “Hujjat-al-Baligha” was written by:
Ans. Shah Wali Ullah.
Q. Who started Faraizi Movement?
Ans. Haji Shariat Ullah.
Q. Who wrote Asrar-Sanadeed?
Ans. Sir Syed Ahmad Khan.
Q. When Sir Syed Ahmad Khan was designated as a member of Imperial Council?
Ans. 1877.
Q. When Sir Syed was designated as member of Viceroy‟s Legislative Council?
Ans. 1878.
Q. Who wrote “Khutbat Ahmedia”?
Ans. Sir Syed Ahmad Khan.
Q. Who wrote “Taiban-ul-Qalam”?
Ans. Sir Syed Ahmad Khan.
Q. Who started “Tehzib-ul-Akhlaq”?
Ans. Sir Syed Ahmad Khan.
Q. M.A.O College was established in the year:
Ans. 1875.
Q. When Mohammedan Educational Conference was formed?
1866.
Q. When British Indian Association was formed?
Ans. May, 1866.
Q. When Indian National Congress was formed?
Ans. 1885.
Q. Who formed Indian Patriotic Association?
Ans. Sir Syed Ahmad Khan in 1888.
Q. Who was the founder of Mohammedan Defense Association?
Ans. Sir Syed Ahmad Khan.
Q. Who was the founder of Indian National Congress?
Ans. Allen Octivian Hume.
Q. Who was the founder of Brahmoo Samaj?
Ans. Raja Ram Mohan Ray.
Q. Who was the founder of Parathna Samaj?
Ans. Dr. Atama Ray Pand Ring.
Q. Who was the founder of Deo-Samaj?
Ans. Sita Mand Agnihotri.
Q. Who was the founder of Ram Krishan Messia?
Ans. Ram Krishan Persat.
Q. Who was the founder of Arya Samaj?
Ans. Dianand Sarswati.
Q. When Anjuman Himayat Islam was established?
Ans. 24 September 1884.
Q. Who were the founders of Anjuman Himayat Islam?
Ans. Khalifa Hamid-ud-Din, Dr. Din Muhammad Nazir, Munshi Chiragh Abdul Rahim.
Q. Who was the first President of Anjuman Himayat Islam?
Ans. Khalifa Hamid-ud-Din. Q. When Islamia College Railway Road was established?
Ans. 1907.
Q. When Islamia College for Girls Copper Road was established?
Ans. 1939.
Q. When Hindi-Urdu Controversy started?
Ans. 1867.
Q. When Indian Council Act was enforced?
Ans. 1861 and 1892.
Q. When Bengal was partitioned?
Ans. 1905.
Q. Who was the head of Simla Deputation?
Ans. Sir Agha Khan. Q. Majlis Khadam-e-Kaba was established in?
Ans. 1913.
Q. What was „Muslim Outlook‟?
Ans. This was the name of a Journal that was started by Khilafat Deputation in London.
Q. When Treaty of Severs was signed?
Ans. 10 August 1920.
Q. Was Moplas against British?
Ans. Yes, they supported Khilafat Movement.
Q. Who was General Dyre?
Ans. General Dyre ordered to shoot in Jalianwala Bagh.
Q. Who founded Cow Protection Society?
Ans. Bal Ganga Dhar Tilak.
Q. Who wrote Bande Mathram?
Ans. Bamkin Chander Chiterji.
Q. Who founded Mahasabah?
Ans. Madan Mohan Maluir.
Q. Who was the chief protagonist in Shudi?
Ans. Swami Sharad Nand.
Q. Who was Bankin Chaterji?
Ans. He was the writer of “Anand Nath” a novel.
Q. Who is writer of „Toward Pakistan‟?
Ans. Waheed-uz-Zaman.
Q. Who is the writer of “Emergence of Pakistan”?
Ans. Chaudry Muhammad Ali.
Q. Who wrote the “Struggle for Pakistan”?
Ans. I.H.Qureshi.
Q. Why Pirpur Report was prepared?
Ans. To investigate the tyrannies of Congress on Muslims.
Q. Why Shraf Report was prepared?
Ans. To investigate the cruelties on Congress in Bihar.
Q. Who wrote “India Wins Freedom”?
Ans. Abul Kalam Azad.
Q. When Muslims solemnized day of deliverance?
Ans. 22 December 1939.
Q. Who wrote “Verdict on India”?
Ans. B. Nicholson.
Q. Who published “Tehzib”?
Ans. Abdul Haleem Sharar.
Q. Who is the author of “Foundation of Pakistan”?
Ans. Sharif-ud-Din Pirzada.
Q. Who wrote “Evolution of Pakistan”?
Ans. Sharif-ud-Din Pirzada.
Q. Who were Khari brothers?
Ans. They were Professor Abdul Satter Khari and Dr. Abdul Jabbar Khari.
Q. Who wrote “Now or Never”?
Ans. Chaudry Rehmat Ali.
Q. Who wrote “A Federation of Cultural Zone for India”?
Ans. Dr. Abdul Latif.
Q. Who wrote “A Path Way to Pakistan”?
Ans. Chaudry Khaliq-uz-Zaman.
Q. Who wrote “Pakistan Naguzir Tha”?
Ans. Syed Hasan Riaz.
Q. Who was Master Tara Singh?
Ans. He was the leader of Sikhs.
Q. When “Quit India Movement” was started?
Ans. 1942.
Q. Who wrote “Father and Daughter”?
Ans. Begum Shah Nawaz.
Q. When Simla Conference was held?
Ans. 25 June 1945.
Q. Who wrote “Transfer of Power in India”?
Ans. V.P.Menon.
Q. Who were Members of Cabinet Mission?
Ans. i. Straford Cripps ii. A.V.Alexander iii. Sir Pathic Lawrence.
Q. When Quaid-e-Azam called for Direct Nation Day?
Ans. 16 August 1946.
Q. Who was the last Viceroy of Britain?
Ans. Lord Mountbattan.
Q. Who were the members of Punjab Boundary Commission?
Ans. i. Justice Muhammad Munir ii. Justice Shah Din iii. Justice Tega Singh iv. Justice Mehar Chand Mahajan.
Q. Who proposed the resolution in the meeting and by whom meeting was presided over?
Ans. the meeting was presided over by Quaid-e-Azam and Maulvi Fazl-ul-Haq proposed the Resolution.
Q. Who confirmed the Resolution as a representative of Punjab?
Ans. Zafar Ali Khan. Q. Who supported the Resolution as a representative of Sindh?
Ans. Sir Abdullah Haroon.
Q. Who confirmed the Resolution as a representative of Balochistan?
Ans. Qazi Muhammad Essa. Q. Who supported the Resolution as a representative of NWFP?
Ans. Aurangzeb.
Q. In which election Muslim League won all the seats reserved for the Muslims?
Ans. December 1945.
Q. When an interim Government was established in the Sub-Continent?
Ans. September 1946.
Q. The plan of division of sub-continent was declared on:
Ans. June 3, 1947.


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*Regarding by* : Mahmood _KhaÑ