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Checking relevance for Sree Swayam Prakash Ashramam VS G. Anandavally Amma...
Sree Swayam Prakash Ashramam VS G. Anandavally Amma - 2010 1 Supreme 23 : An easement of necessity is a right of way that is implied when a dominant piece of land is land‑locked and there is no other reasonable access to it; the necessity must be absolute and must exist at the time the claim is made. Only the owner (or lawful occupier) of the landlocked dominant property can claim such an easement.Checking relevance for Ramkanya Bai VS Jagdish...
Ramkanya Bai VS Jagdish - 2011 0 Supreme(SC) 594 : An easement of necessity is an easement that arises by implication at the time a servient land is transferred or partitioned, where the dominant land would be left without reasonable access to its premises unless a right of way (or similar use) is impliedly reserved by the owner of the servient land. It can be claimed by the owner of the dominant land (or his successors) when, at the time of the disposition of the servient land, the necessity of the easement was apparent and the grant or reservation was implied.Checking relevance for Hero Vinoth (Minor) VS Seshammal...
Hero Vinoth (Minor) VS Seshammal - 2006 4 Supreme 131 : An easement of necessity under the Indian Easement Act, 1882, is a legal right that arises by implication of law when the dominant tenement cannot be used at all without the easement – i.e., the land would be completely inaccessible without it. It is not merely a convenience but an absolute necessity for the use of the dominant land. The right can be claimed by the owner of the dominant tenement (the land that would be land‑locked) who is unable to access his property without the easement. Such an easement is extinguished when an alternative reasonable access becomes available, and it does not arise from a grant or contract between parties.Checking relevance for S. KUMAR VS S. RAMALINGAM...
Checking relevance for Madai Lakshmi Alias M. Rajalakshmi VS P. M. Partha Kumar...
Checking relevance for Bachhaj Nahar VS Nilima Mandal...
Bachhaj Nahar VS Nilima Mandal - 2008 0 Supreme(SC) 1421 : An easement of necessity arises when the dominant and servient tenements were originally a single parcel owned by the same person, and after a severance of ownership the dominant tenement would be unusable without the easement. The claimant must be the owner (or occupier) of the dominant tenement who can show that the two parcels were once one and that the easement is essential for the use of the dominant property.Checking relevance for Rajkumar VS Academy of Maritime Education and Training...
Rajkumar VS Academy of Maritime Education and Training - 2024 0 Supreme(Mad) 1033 : An easement of necessity is a right that arises when a dominant and servient tenement were formerly under common ownership and, after that ownership is divided, the dominant tenement cannot be reasonably enjoyed without using the servient land. To claim an easement of necessity, a claimant must prove (1) that there was common ownership of the two parcels and (2) that the necessity for the easement stems from the disintegration of that common ownership, making the easement essential for the enjoyment of the dominant property.
