AI Overview...
- Easement on Right of Way Given on Rent - Main points and insights
- Under the National Highways Act, 1956, Section 3G(2) states that when a right of user or easement is acquired through land acquisition, compensation must be paid to affected landowners, including those claiming easements Sasidharan. K. V. VS Union of India - Kerala.
- Several cases clarify the nature of easements:
- Courts have held that easements of necessity or apparent easements must meet specific criteria; mere ownership claims do not automatically establish easement rights (e.g., case rejecting easement of necessity over Circular Road) Sri Rajah Vyricherla Narayana VS Sri Rajah Vyricherla Narayana - Madras.
- The Easements Act, 1882 and the Limitation Act emphasize that easement rights can be acquired through long, continuous, and uninterrupted use (prescriptive rights), often requiring at least 60 years of usage PURANI DHIRAJLAL AMRITLAL VS MEHTA SHANKLESHWAR ADITRAM - Gujarat, NATHUSINGH VS SUKHRAM - Madhya Pradesh.
- Courts differentiate between rights acquired by prescription and those that cannot be claimed by tenants or through mere ownership, especially emphasizing that easements cannot be presumed without clear, continuous use over time Nathu Lal VS Ram Swaroop - Rajasthan.
- Rights of way, such as over cart tracks, are recognized when established by prescription or long usage, but extending easements (e.g., laying pipelines) beyond the original scope is generally not permitted K. Ramasamy vs K. Ramasamy, [Died] - Madras, PRASANNAN, (DIED) (LHR RECORDED) Vs SIVADASAN - Kerala.
- The concept of easement by necessity is recognized but requires proof of lack of alternative routes and continuous use; courts have denied easements when these criteria are not met Perumal VS Ganesan (deceased) - Madras, Rajpur Colliery Co. VS Pursottam Gohil - Patna.
- Analysis and Conclusion
- Easements related to right of way can be established through prescription, necessity, or implied grants, but strict criteria must be satisfied.
- Rent-based easements are not explicitly discussed in the sources, but generally, easements acquired through long use or necessity are recognized, and compensation is payable upon land acquisition (as per the National Highways Act).
- Claims for easements must be supported by continuous, long-term usage or clear legal basis; mere ownership or temporary use does not suffice.
- Extending easements beyond their original scope, such as laying pipelines, is typically not allowed unless explicitly granted.
- Overall, easements on right of way given on rent are recognized when established through prescribed legal criteria, with compensation payable upon land acquisition, but claims must be substantiated by long-standing use or necessity Sasidharan. K. V. VS Union of India - Kerala, Sri Rajah Vyricherla Narayana VS Sri Rajah Vyricherla Narayana - Madras, PURANI DHIRAJLAL AMRITLAL VS MEHTA SHANKLESHWAR ADITRAM - Gujarat, Ponnaiyan alias Ponnusami Gounder VS Karuppakkal alias Ponnayal - Madras, NATHUSINGH VS SUKHRAM - Madhya Pradesh, Nathu Lal VS Ram Swaroop - Rajasthan, K. Ramasamy vs K. Ramasamy, [Died] - Madras, PRASANNAN, (DIED) (LHR RECORDED) Vs SIVADASAN - Kerala, Perumal VS Ganesan (deceased) - Madras, Rajpur Colliery Co. VS Pursottam Gohil - Patna.
Search Results for "Easement on Right to Way Given on Rent"
2020 0 Supreme(Ker) 433 • India - Kerala
A.MUHAMED MUSTAQUE
National Highways Act, 1956- The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation ... Section 3G(2) states as follows: “(2) Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner ... This class is referable to the persons who claimed the right of easement....
1929 0 Supreme(Mad) 522 • India - Madras
The court held that the plaintiff was not entitled to the right of way claimed as an easement of necessity or as an apparent and ... The court emphasized that the right of way claimed by the plaintiff did not qualify as an easement of necessity or as an apparent ... Issues: The main issue was whether the plaintiff was entitled to a right of way over the Circular Road as an easement of necessity ... As regards the right#HL....
1975 0 Supreme(Guj) 6 • India - Gujarat
A.N.SURTI, J.M.SHETH
Easement Act 1882 – Sections 15, 412 – Limitation Act – Section 26 – Easement Rights – The plaintiff-appellant ... claimed ownership over the suit Chhindi in law he is entitled to take an alternative inconsistent plea viz. that he has got an easement ... inconsistent plea can be taken and from the mere fact that ownership was claimed the Court could not jump to the conclusion that easement ... It is thus evident that expression as an easement plays an important role in case of acquisition of r....
2002 0 Supreme(Mad) 440 • India - Madras
A.KULASEKARAN
easementary right over the suit cart track challenged in appeal by the defendant-Held, findings given by courts below suffer from ... Code of Civil Procedure, 1908-Section 100-Second appeal-Concurrent findings given by courts below in favour of plaintiff regarding ... The plaintiffs have the right of easement of necessity also. ... The Rules for the acquirements of right of an easement are rules of positive prescription. When a person exercise a right#HL_END....
1969 0 Supreme(MP) 37 • India - Madhya Pradesh
G.L.OZA, H.R.KRISHNAN
EASEMENT - RIGHT OF EASEMENT - BHUMISWAMI AGRICULTURAL HOLDING - PERIOD OF LIMITATION - SECTION 15, INDIAN EASEMENTS ACT - WHETHER ... Fact of the Case: The plaintiff, owner of a bhumiswami agricultural holding, claimed a right of easement on a contiguous ... at the time of the filing of the suit was applicable, and that in the absence of 60 years' continuous and uninterrupted use the easement ... He has claimed to have exercised it for a long time and wants this #H....
1986 0 Supreme(Raj) 62 • India - Rajasthan
S.N.BHARGAVA
EASEMENT - RIGHT OF EASEMENT - SECTION 4, 12 OF THE EASEMENTS ACT - TENANT CANNOT ACQUIRE PRESCRIPTIVE RIGHT OF EASEMENT IN LAND ... Whether the plaintiffs have acquired any right of easement in respect of the disputed land? 2. ... BELONGING TO HIS LESSOR - HOWEVER, HE MAY CLAIM A RIGHT OF EASEMENT BASED ON IMMEMORIAL USER - DOCTRINE OF LOST GRANT - INFERENCE ... right of way by ....
2024 Supreme(Online)(Mad) 79295 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Rajasekar, J
(A) Indian Easements Act, 1882 - Section 13 - Right of way - Appellant claimed easement by prescription over cart track - Lower Appellate ... ... ... Issues: The main issues included the right to use the cart track and the interpretation of easement rights. ... of way over a cart track. ... The right of using the cart track was granted by way of Ex.B1 is only transfer of existing right of Easement#HL_EN....
2022 Supreme(Online)(KER) 57050 • India - High Court of Kerala
M.R.ANITHA, J
Easement - Right of Way - Indian Easements Act, 1882 - Sections 4, 8, 22, 24, 28, 29; Kerala Water Supply and Sewerage Act, 1986 ... Final Decision: The appeal was dismissed, affirming that the right of way did not include the right to lay a pipeline. ... constructions like a pipeline, as this would extend the easement beyond its intended scope. ... The learned counsel for the respondent on the other hand would contend that the entire plaint avermen....
2017 0 Supreme(Mad) 1129 • India - Madras
S.VAIDYANATHAN
Right of Way - Property Dispute - S.200/15, Easement by Necessity, Easement by Prescription - Summary of Acts and Sections: S.13 ... Issues: The issues involved the re-survey of the property, the right of way based on easement by necessity, and the inconsistent ... through the lane based on easement by necessity. ... He submitted that there is no alternative pathway and by way of easement by prescription and also ....
1958 0 Supreme(Pat) 196 • India - Patna
S.C.PRASAD, K.AHMAD
RIGHT OF WAY - EASEMENT - IMPLIED GRANT - NECESSITY - COVENANT - TRANSFER OF PROPERTY ACT, SECTION 40 - TRANSFER OF PROPERTY ACT ... Whether the plaintiff was entitled to the right of way on the ground of easement of necessity? Ratio Decidendi: 1. ... The Court further held that the plaintiff was not entitled to the right of way on the ground of easement of necessity, as he had ... They denied the claim of the plaintiff that he had ....
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