AI Overview...
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Implied Grant of Right of Way - Courts have held that an implied grant of right of way can be established when there is a well-formed or established road, and circumstances suggest an intention to grant easement, even without an explicit document. Several cases confirm that the existence of a continuous, apparent, and well-used road can imply a grant, especially when supported by documentary or surrounding evidence Rajpur Colliery Co. VS Pursottam Gohil - Patna, Alo Rani Banerjee VS Malati Roy - Calcutta, Ponnaiyan alias Ponnusami Gounder VS Karuppakkal alias Ponnayal - Madras.
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Criteria for Implied Grant - The inference of an implied grant depends on factors such as the existence of a formed or defined road at the time of property severance, the use of the road over time, and surrounding circumstances indicating an intention to grant access. The absence of an explicit document does not preclude an implied grant if these conditions are met His Highness Maharaja Bir Bikram Kishore Manikya Bahadur VS Chairman, Municipality - Calcutta, K. Govindarajulu Chettiar VS V. N. Srinivasalu Naidu - Madras, Dakshina Ranjan Choudhury VS Surendra Lal Das Gupta - Calcutta.
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Disputes and Court Decisions - Courts have varied in their rulings; some have reversed trial court decisions upon finding insufficient evidence of a formed or permanent road, emphasizing the importance of actual, well-established roads rather than mere paths or temporary tracks. In some cases, the courts have upheld implied grants based on continuous use and surrounding circumstances, while others have denied such rights where evidence was lacking Ram Narain Shaha VS Kamala Kanta Shaha - Calcutta, Dakshina Ranjan Choudhury VS Surendra Lal Das Gupta - Calcutta.
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Legal Principles and References - The Transfer of Property Act and other statutes recognize easements by implication, especially under doctrines of necessity, prescription, or quasi-easements. The burden of proof lies in demonstrating that the circumstances justify an inference of grant, often supported by documentary evidence or long-standing use Rajpur Colliery Co. VS Pursottam Gohil - Patna, P. Govindarajulu Chettiar VS V. N. Srinivasalu Naidu - Madras.
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Notable Cases and Authority - Notable judgments cite cases like Dwijendra Narain and Ratanchand Chordia, emphasizing that the absence of an express grant does not negate the possibility of an implied easement, provided attendant circumstances support such an inference Dakshina Ranjan Choudhury VS Surendra Lal Das Gupta - Calcutta, Ponnaiyan alias Ponnusami Gounder VS Karuppakkal alias Ponnayal - Madras.
Analysis and Conclusion:
An implied grant of right of way over a road is recognized where there is a well-formed, continuous, and used road at the time of property transfer, and circumstances indicate an intention to grant access. Courts examine evidence such as the existence of a formed road, long-term use, and surrounding documentation. While some decisions require clear proof of permanence and formation, others uphold implied grants based on the totality of circumstances. Ultimately, the inference hinges on the specific facts, with legal backing from statutes and precedent recognizing easements by implication even absent explicit documentation.
Search Results for "Implied Grant over the Road"
1958 0 Supreme(Pat) 196 • India - Patna
S.C.PRASAD, K.AHMAD
Whether the plaintiff had acquired the right of way by implied grant? 2. ... The Court held that the plaintiff had acquired the right of way by implied grant, as the road in question was a well-formed one, ... RIGHT OF WAY - EASEMENT - IMPLIED GRANT - NECESSITY - COVENANT - TRANSFER OF PROPERTY ACT, SECTION 40 - TRANSFER OF PROPERTY ACT ... The main question is whether the plaintiff has got this right of way by implied grant. As to ....
1971 0 Supreme(Mad) 480 • India - Madras
GOKULAKRISHNAN
EASEMENT - IMPLIED GRANT - RIGHT OF WAY - SALE OF LAND WITH REFERENCE TO ROAD - INTENTION OF PARTIES - INFERENCE FROM DOCUMENTS ... Whether there was an implied grant of easement over the 30-foot road in favor of the defendant's predecessors-in-interest? 2. ... The lower appellate court reversed the trial court's decision, holding that there was no implied grant of easement over the road ... The question whether a grant#HL....
1935 0 Supreme(Cal) 322 • India - Calcutta
NASIM ALI
Implied Grant - Zemindary Rights - Bengal Municipal Act of 1884, Section 30 - The court discussed the implied grant of lands for ... Finding of the Court: The court found that the roads were within the plaintiff's zemindary, an implied grant for road ... Issues: Implied grant, right of reversion, vesting of lands in Municipality, special damage, and maintainability of suits. ... It is argued by the learned Advocate that the #HL_S....
1991 0 Supreme(Cal) 25 • India - Calcutta
J.N.HORE
EASEMENT - RIGHT OF WAY - IMPLIED GRANT - EXISTENCE OF FORMED OR DEFINED ROAD AT TIME OF SEVERANCE OF TENEMENTS - REPRESENTATION ... Whether there was an implied grant of right of way in favor of the plaintiffs. 2. ... The trial court decreed the suit, but the lower appellate court reversed the decision, holding that there was no implied grant of ... formed road will pass by implied grant with the quasi-dominant t....
1899 0 Supreme(Cal) 53 • India - Calcutta
RAMPINI, BANERJEE
The court also found that there was no evidence of a formed road or permanence of adaptation to suggest an implied grant of easement ... Issues: Whether the plaintiff was entitled to a decree for a right of way under an implied grant, irrespective of Section ... Easement - Right of Way - Limitation Act, 1877 - Section 26 - Presumption of Grant - Continuous and Apparent Easements - Burden ... Now, in the present case, not only is there no finding of fact that there has been any such pe....
1935 0 Supreme(Cal) 299 • India - Calcutta
R. C. MITTER, HENDERSON
1882, Section 15, Section 17] - The court discussed the claim of easement by the defendant based on necessity, prescription, and implied ... land was not absolutely necessary for the defendant's enjoyment and that there was no scope for the application of the doctrine of implied ... defendant claimed that the suit land belonged to him and asserted a right of way over it based on necessity, prescription, and implied ... Dwijendra Narain (1907) 8 C L J 289, where there was no pucca metalled road. 7. If he meant to lay the....
1971 0 Supreme(Mad) 481 • India - Madras
P.R.GOKULAKRISHNAN
Easement-Right of access-Deducibility of implied grant. ... ... The question whether a grant can be implied or not would only arise in a case where there is no express grant. To say the least the contention that the absence of an express grant would negative an implied grant is quite untenable. ... Ramaswami Ayyangar stated, it is clear that there is on implied grant of easement over the 30-feet road#H....
2018 0 Supreme(HP) 1572 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN
Fact of the Case: The plaintiffs filed a suit for grant of declaration and consequential relief for possession, prohibitory ... Whether there is an implied grant of the approach road to the residential building of defendants 1 and 2 as alleged? If so, to what effect?OPD 1&2. 8. ... road passing in front of the plot. ... Simultaneously defendant No. 1 applied on 11.10.1984 for grant of planing permission for construction of house. The construction was carried out by the defendants ....
![K. Ramasamy vs K. Ramasamy, [Died]](https://supremetoday-s3.b-cdn.net/Madras_small_3.png)
2024 Supreme(Online)(Mad) 79295 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Rajasekar, J
in favour of the plaintiff, and, therefore, he could not claim the right by implied or express grant. ... the plaintiff had acquired a right of easement in respect of B schedule pathway by way of implied grant. ... The learned counsel for the appellant raised an argument that since no case was made out by the respondent-plaintiffs in their plaint about the easementary right over the B schedule pathway by implied grant, no decree can be passed by the courts below basing their conclusio....
2002 0 Supreme(Mad) 440 • India - Madras
A.KULASEKARAN
D Ramaswami Iyengar stated, it is clear that there is an implied grant of eastment over the 30-ft road. He cited Ratanchand Chordia v. ... To say the least the contention that the absence of an express grant would negative an implied grant is quite untenable. It is from attendant circumstances and other documentary evidence that an implied grant has to be inferred. ... ... In this case, it was held, following the decision in AIR 1964 Madras 209 that....
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