vustudents
04-29-2012, 06:26 PM
(1) Easements and natural right: Every owner of land enjoys as an incident arising by law from the ownership of his land, and in addition to his rights over his own land, certain rights which are generally called natural rights arising jure nature. An easement is a right enjoyed over and above the natural rights and the burden of an easement involver, in general, a diminution of, or detraction from the natural rights of the servient tenement. Every owner has a natural right to support and to water, there is no natural right to light or air.
(2) The chief distinction between an easement and a licence to sue land in a particular manner is that whereas an easement cannot be extinguished merely at the will of the grantor, except in the modes hereinafter mentioned a licence is generally revocable at will of the person who has given it. A licence is a mere permission to do some act on another’s land. It is generally revocable except where it falls within the scope of section 60 of this act. Whether revocable or irrevocable a licence merely enables the holder thereof to do some act which in the absence of such permission would be illegal. A right to go upon and hunt in a man’s park would be a licence. A licence is merely personal both to the grantor and the grantee and if revocable, terminates on transfer of the tenement in respect of which the licence is held. A licence not of an easement it cannot be acquired by right of user by prescription under the Limitation act. AIR 1984 Pesh. 96.
(3) Easements and restrictive covenants: The covenants are provided for by section 11 and 40 of the transfer of property act. The covenants run with the land, except that they do not bind bona fide purchaser for value without notice. The covenants are entered into between the transferor and transferee at the time of transfer of property. The covenants of section 40 of the transfer of property act are for the more beneficial enjoyment of the covenantee’s immovable property. Their benefit runs with the land that is to say a purchaser or transferee from the covenantee can claim the benefit. But the covenant differs from an easement inasmuch as its burden does not run in all cases. It binds a purchaser for value with notice or gratuitous transferee with or without force but not otherwise. The obligations mentioned in para. 2 of section 40 of the transfer of property act is though annexed to property, mainly of a contractual natural hardly occurs in any case except that mentioned in the illustration following, and refers to a single state of affairs and is not of a continuing or repetitive natural, and is therefore quite distinct from an easement.
(2) The chief distinction between an easement and a licence to sue land in a particular manner is that whereas an easement cannot be extinguished merely at the will of the grantor, except in the modes hereinafter mentioned a licence is generally revocable at will of the person who has given it. A licence is a mere permission to do some act on another’s land. It is generally revocable except where it falls within the scope of section 60 of this act. Whether revocable or irrevocable a licence merely enables the holder thereof to do some act which in the absence of such permission would be illegal. A right to go upon and hunt in a man’s park would be a licence. A licence is merely personal both to the grantor and the grantee and if revocable, terminates on transfer of the tenement in respect of which the licence is held. A licence not of an easement it cannot be acquired by right of user by prescription under the Limitation act. AIR 1984 Pesh. 96.
(3) Easements and restrictive covenants: The covenants are provided for by section 11 and 40 of the transfer of property act. The covenants run with the land, except that they do not bind bona fide purchaser for value without notice. The covenants are entered into between the transferor and transferee at the time of transfer of property. The covenants of section 40 of the transfer of property act are for the more beneficial enjoyment of the covenantee’s immovable property. Their benefit runs with the land that is to say a purchaser or transferee from the covenantee can claim the benefit. But the covenant differs from an easement inasmuch as its burden does not run in all cases. It binds a purchaser for value with notice or gratuitous transferee with or without force but not otherwise. The obligations mentioned in para. 2 of section 40 of the transfer of property act is though annexed to property, mainly of a contractual natural hardly occurs in any case except that mentioned in the illustration following, and refers to a single state of affairs and is not of a continuing or repetitive natural, and is therefore quite distinct from an easement.