AI Overview...
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Easement of Necessity - An easement of necessity is an implied right that allows use of a property when such use is essential for its practical utilization. It is not merely a beneficial privilege but a necessity without which the property cannot be used at all. Courts have held that such easements are created by law when a property is severed, and the necessity arises from the nature of the property and its use. Importantly, these easements are subject to extinction once the necessity ceases Mariyayi Ammal VS Arunachala Pandaram - Madras.
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Extinction of Easement of Necessity - According to Section 41 of the Indian Easements Act, 1882, an easement of necessity is extinguished when the necessity for the easement ends. This can occur when the original reason for the easement no longer exists, such as the availability of alternative access or passage, or when the property is no longer severed in a manner that necessitates the easement R. Ram Mohan VS Narayanan Namboodiripad - Kerala, Selvaraju (died) VS Balakrishnan - Madras, Janab Mohd. Ayub VS Janab Mehaboob Shariff - Andhra Pradesh, Palanichamy vs Subramanian - Madras, Margaret Ammal VS Susai Mari - Madras, P. Sadayan VS Arumugam - Madras, Bhim Singh VS Bakhtawar Lal (40) - Rajasthan, Gopalbhai Jikabhai Suvagiya VS Vinubhai Nathabhai Hirani - Gujarat.
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Legal Principles - The courts have consistently recognized that easements of necessity are created by implication and are dependent on the ongoing existence of the necessity. Once the necessity ceases—such as when alternative routes become available or the property is no longer severed—the easement is legally withdrawn or extinguished. This principle is explicitly codified in Section 41, affirming that the easement's existence is conditional on the continued necessity R. Ram Mohan VS Narayanan Namboodiripad - Kerala, Selvaraju (died) VS Balakrishnan - Madras.
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Summary - An Easement of Necessity is extinguished when the necessity for the easement ends, as per statutory provisions under Section 41 of the Indian Easements Act, 1882. The cessation of necessity can occur due to the availability of alternative access, change in property status, or other circumstances that negate the original reason for the easement. Courts have upheld these principles, emphasizing that such easements are not permanent and are inherently dependent on ongoing necessity Mariyayi Ammal VS Arunachala Pandaram - Madras, Palanichamy vs Subramanian - Madras.
References: - Mariyayi Ammal VS Arunachala Pandaram - Madras - R. Ram Mohan VS Narayanan Namboodiripad - Kerala - Selvaraju (died) VS Balakrishnan - Madras - Janab Mohd. Ayub VS Janab Mehaboob Shariff - Andhra Pradesh - Palanichamy vs Subramanian - Madras - Margaret Ammal VS Susai Mari - Madras - P. Sadayan VS Arumugam - Madras - Bhim Singh VS Bakhtawar Lal (40) - Rajasthan - Gopalbhai Jikabhai Suvagiya VS Vinubhai Nathabhai Hirani - Gujarat
Search Results for "An Easement of Necessity is Extinguished if the Necessity for the Easement Comes to an End"
1955 0 Supreme(Mad) 313 • India - Madras
KRISHNASWAMI NAYUDU
EASEMENT OF NECESSITY - SECTION 13, 41, EASEEMENTS ACT - RIGHT OF WAY - EXTINCTION OF EASEMENT OF NECESSITY - NECESSITY MUST BE ... Ratio Decidendi: An easement of necessity is an easement without which the property cannot be used at all and not merely one ... Issues: Whether the defendants had an easement of necessity over the passageway. ... But the courts held that the easement of n....
1989 0 Supreme(Ker) 546 • India - Kerala
S.PADMANABHAN
claim easement of necessity. ... availability and conditions necessary for quasi easement and easement of necessity under the Indian Easements Act. ... Finding of the Court: The court found that the claims for quasi easement and easement of necessity cannot stand as ... So also an easement of necessity is extinguished when the necessity comes....
2021 0 Supreme(Mad) 3036 • India - Madras
R.N.MANJULA
of grant, easement of prescription and easement of necessity – Held, An easement which arose at some point of time was an easement ... of necessity and not as an easement of grant - Such kinds of easement cannot be considered as easement of grant and is a subject ... Indian Easements Act, 1882 - Section 41 - Extinction on termination of necessity - After hearing appeal, ... For the purpose of conv....
2003 0 Supreme(AP) 1161 • India - Andhra Pradesh
B.PRAKASH RAO
court has considered the entire evidence both oral and documentary and came to the conclusion that the said passage and right of easement ... Apparently there is no serious dispute about the existence of the passage on earlier occasion case of the plaintiff is that the same has extinguished ... Indian easements Act, 1882 – Section 41 – Case of the plaintiff in brief is that he is a purchaser in pursuance ... In this regard, it is relevant to note the provisions of Section 41 of the Indian easements Act, 1882 which reads ....
2025 Supreme(Online)(Mad) 66420 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI, J
The court found no merit in the plaintiff's claims of easement of necessity contrary to the easement by grant established by the ... This case involves a second appeal concerning a property dispute stemming from a settlement deed and easement rights. ... Moreover, an ''easement of necessity'' is extinguished when the necessity comes to an end as per Section 41 of the Indian Easement Act. ... lik....
2019 6 Supreme 737 • India - Supreme Court
L.NAGESWARA RAO, HEMANT GUPTA
41 - Right to passage granted to vendee in sale deed - Not easement of necessity - Such right will not ... The First Appellate Court allowed the appeal and granted injunction as prayed holding that there is no necessity of easement as the ... (Para 17) ... (c) Indian Easements Act, 1882 - Section ... The argument that right of easement stands extinguished once the easement of necessity comes to an end#HL_....
1996 0 Supreme(Mad) 299 • India - Madras
S.S.SUBRAMANI
Easement Act, 1882-Section 41-Extinguishment of necessity of easement-Claim by plaintiff to take drain water, through defendants ... property-Outlet to ditch provided by corporation can be provided in plaintiffs corporation can be provided in plaintiffs property-Held, necessity ... Easement of necessity must terminate when the necessity ceases. This principle has been given statutory recognition under Sec.41 of the Act which provides that an easement....
2019 0 Supreme(Mad) 3217 • India - Madras
R.M.T.TEEKAA RAMAN
of necessity or easement of by grant they have to satisfy usage of statutory period pointed out earlier document executed by common ... Easement Act – Permanent Injunction – Decree – Suit – Two second appeals arise out of common judgment and ... the documents Advocate Commissioners report which show present status of physical features of land since defendants are claiming easement ... Easement of necessity by implied grant is not applicable." (emphasis supplied) 28. It is to be stated ....
1993 0 Supreme(Raj) 101 • India - Rajasthan
RAJESH BALIA
(a) Easement Act, Sec. 45 and 47 - Extinction of Elementary Right — In case of easement of absolute necessity of vertical support ... affected by any act of the serient owner the serient owner is not liable for maintenance and upkeep of serient heritage — In case of necessity ... of the easement without detriment to the dominant owner — Unless the right of easement enjoyed by the dominant heritage is adversely ... Extinction on termination of necessity. — An #HL_START....
2018 0 Supreme(Guj) 924 • India - Gujarat
J.B.PARDIWALA
(c) the easement is an easement of necessity. ... When an alternate access becomes available, the legal necessity of burdening the servient owner ceases and the easement of necessity by implication of law is legally withdrawn or extinguished as statutorily recognized in Section 41. ... ... [B] By necessity, when there is a severance of two tenements (section 13) : An easement of necessity means a necessi....
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