1. Common Types of Easements in India
Under the Indian Easements Act, 1882, easements are classified based on their nature and usage
- Right of Way: Allows passage through another’s land to access one’s own property.
- Right to Light and Air: Ensures unobstructed access to natural light and air, preventing neighboring constructions from blocking these elements.
- Right to Water and Drainage: Permits the flow of water or drainage through adjacent properties.
- Right of Support: Entitles a property to physical support from adjoining structures or land.
- Easement of Necessity: Granted when a property lacks essential access, such as being landlocked.
2. Legal Framework and Classifications
The Indian Easements Act, 1882, provides a comprehensive legal structure for easements
- Continuous vs. Discontinuous: Continuous easements operate without human intervention (e.g., natural water flow), while discontinuous ones require action (e.g., opening a gate)
- Apparent vs. Non-Apparent: Apparent easements are visible (e.g., a worn path), whereas non-apparent ones lack physical indicators (e.g., underground pipelines).
- Positive vs. Negative: Positive easements allow specific actions on another’s land (e.g., drawing water), while negative easements restrict certain activities (e.g., building heights to preserve light access).
3. Identifying Easements on Your Property
To determine existing easements:
- Review Property Documents: Examine the sale deed, title documents, and any registered agreements for easement clauses.
- Consult Local Authorities: Approach the local municipal office or land records department for registered easement information.
- Conduct a Physical Inspection: Look for signs like pathways, drainage systems, or utility lines crossing the property.
- Seek Legal Advice: Engage a property lawyer to conduct a thorough title search and identify any unregistered or implied easements.