AI Overview...
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Easement by Oral Grants - An easement can be created through an oral grant, where one person grants another the right to do something on immovable property that would otherwise be unlawful, provided it does not amount to a license or interest. Such oral grants are recognized under the Indian Easements Act, 1882, and the Transfer of Property Act, 1882, especially when supported by evidence or implied actions. Nanhku, S/o Rambaran VS Ramcharan, S/o Manchar - Chhattisgarh
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License vs. Easement - A license, including one granted orally, permits entry or use of property without creating a proprietary right. Licenses can be oral or implied by conduct or relationship, and they do not amount to easements or interests in property. The Indian Easements Act, 1882, defines license distinctly, emphasizing that it is revocable and does not create a permanent right. NEETA GAJWANI VS HARI RAM ACHHARIA - Allahabad, MISCELLENARY MARKETERS PVT. LTD. VS SUN-N-SAND PVT. LTD. - Bombay, Managing Director, Tamil Nadu Tourism Development Corporation VS R. Manoharan - Madras
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Formation and Evidence of Easements - Easements can be acquired through grant, prescription, necessity, or implication. To establish an easement by oral grant, the claimant must prove the existence of the right, often supported by evidence of conduct, relationship, or usage. The nature of the easement (e.g., right of way, pathway) influences the proof required. Palanisamy VS Subramaniam - Madras, Tanba Nusaji Mahajan VS Pandhari Nusaji Mahajan - Bombay, N. C. Jacob (Died) S/o Chacko VS T. P. Kishore - Kerala
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Legal Principles - For an easement to be valid, there must be a dominant and servient tenement, and the right must be specific and identifiable. Easements by grant can be created orally if supported by evidence, while easements by prescription require long, uninterrupted, and adverse use. Rights of necessity or implication are distinct but related concepts. P. Dilli Babu Reddy VS Government of Andhra Pradesh, Rep. by its Principal Secretary Endowments(Revenue), Department, Secretariat, Hyderabad - Andhra Pradesh, Aranthangi Co-Operative Town Bank Ltd. VS Mohammed Beevi - Madras
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Judicial Perspective - Courts recognize oral easements, especially when supported by conduct or implied agreement, but emphasize the importance of clear evidence. The courts distinguish between licenses, which are revocable, and easements, which are rights appurtenant to land and generally binding. Aranthangi Co-Operative Town Bank Ltd. VS Mohammed Beevi - Madras, N. C. Jacob (Died) S/o Chacko VS T. P. Kishore - Kerala
Analysis and Conclusion:
Oral grants can constitute valid easements under Indian law, provided they meet the criteria of clarity, continuity, and support through conduct or implied agreement. While licenses can also be oral, they are revocable permissions and do not create proprietary rights. Establishing an easement by oral grant requires careful evidence of the intention, usage, and relationship between parties. Courts tend to favor written agreements for clarity, but oral easements are recognized, especially when supported by long-standing usage or conduct indicating a right of easement.
Search Results for "Easement by Oral Grants"
2018 0 Supreme(Chh) 631 • India - Chhattisgarh
SANJAY K.AGRAWAL
Transfer of Property Act, 1882 - Section 117 - Indian Easements Act, 1882 - Section 52 - Property - Declaration ... but thereafter, defendant No.1 got his name entered in revenue records leading to filing of instant suit – Held, License can be oral ... —Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement#HL_END....
2012 0 Supreme(All) 3172 • India - Allahabad
SAEED-UZ-ZAMAN SIDDIQI
Code of Civil Procedure, 1908—Section 10—Easement Act, 1882—Section 52—Registration Act—Section 17—Transfer of Property Act, 1882 ... license—Visitor has a licence to enter into property—This kind of license need not be written, signed and registered—It may be oral ... It may be oral or it may be implied by the relationship or actions of the parties. Section 52 of the Easement Act defines license as under : ... “License” defined. ... —Where one person grants to another, or to a definite number of other....
2016 0 Supreme(Bom) 605 • India - Bombay
R.M.SAVANT
Tenant - Bombay Rent Act, 1947, Presidency Small Cause Courts Act, 1882, Transfer of Property Act, 1882, Indian Easements Act, 1882 ... "License" defined. - Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful and such right does not amount to an easement or an interest ... ... Easements Act ... "52. ... ... [All other leases of immovable property ....
2016 0 Supreme(Bom) 12 • India - Bombay
R.M.SAVANT
Interpretation of Lease Agreement - Bombay Rent Act, 1947, Presidency Small Cause Courts Act, 1882, Transfer of Property Act, 1882, Indian Easements ... the provisions of the Bombay Rent Act, 1947, Presidency Small Cause Courts Act, 1882, Transfer of Property Act, 1882, and Indian Easements ... Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful and such right does n....
2016 0 Supreme(Mad) 4037 • India - Madras
S.S.SUNDAR
Having regard to the fact that the lower appellate Court has applied its mind and arrived at conclusion based on evidence both oral ... For claiming right of easement, the plaintiff has to establish his case. The easement right has to be specified. ... ... In the above said judgment of the Honourable Supreme Court, it has been held that when the easement claimed is by way of grant, it has been held by the Honourable Supreme Court that such easement can either by express terms in the d....
2016 0 Supreme(Mad) 2547 • India - Madras
R.MALA
Transfer of Property Act, 1882 Section 105 Indian Easements Act, 1882 Section 52 Franchise Agreement –Intention of the party to decide ... “License” defined - Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful and such right does not amount to an easement or an interest ... ... Section 52 of the Indian Easement Act ... 52. ... Such right does not ....
2018 0 Supreme(Mad) 1034 • India - Madras
T.RAVINDRAN
discussed the nature of the easementary right sought by the plaintiff in respect of the XY pipe, the principles of law related to easements ... The pleadings necessary to establish an easement by prescription, are different from the pleadings and proof necessary for easement of necessity or easement by grant. ... Easements can be acquired by different ways and are of different kinds, that is, easement by grant, easement of necessity....
2012 0 Supreme(AP) 363 • India - Andhra Pradesh
NOOTY RAMAMOHANA RAO
The piece of land in respect of which an easement is enjoyed is called the dominant tenement, and that over which the right is exercised is called the servient tenement. An easement is essentially a land locked right. All easements therefore lie in grant. ... does not amount to an easement or an interest in the property. ... In other words, an easement is a prohibitive or restrictive right of enjoyment. For an easement to exist, there must be two tenements one the dom....
2004 0 Supreme(Bom) 706 • India - Bombay
S.T.KHARCHE
evidence being in direct conflict with the specific grant in the partition deed, plaintiff not able to establish his right of easement ... ripen into a prescriptive easement ... Easement Act, 1882 - Sections ... Easement Act, 1882- Sections 13 and 15 - a way of necessity is distinct from a right of way - while way of necessity arises by virtue ... Where an easement is claimed as a partenant to certain land, the burden is on the party claiming it to show that the original of an #HL_STAR....
2021 0 Supreme(Ker) 1130 • India - Kerala
K.BABU
38 and 39 - Easement - Subsisting right - Nature of right over pathway - Decreed - Second Appeal - Sale-Deed - Whether right of ... regard to nature of right claimed by them over plaint B schedule property, especially when right claimed appears to be right of easement ... Code of Civil Procedure, 1908 - Section 100 - Easements Act - Section 38 - Specific Reliefs Act - Sections ... In the matter of grant the parties are governed by the terms of the grant and not by anything else. Easement#HL_EN....
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