What are Continuous and discontinuous easements

[vustudents]

[B]A continuous easement is one which may be enjoyed without an act of man. To act of man contemplated within the section is not the mere doing of an act necessary for facilitating the enjoyment of the easement. It must be an act on the serivent tenement. Thus the opening of a shutter for letting light and air it would not be such an act of man without which the easement could not be enjoyed, because such an act is not on the servient tenement. The enjoyment of the easement of the easement can be continued without an act of man of the servient tenement. In the case of right of way every step a man takes is necessary for the enjoyment of the easement and such steps are all on the servient tenement. Without that act of man, enjoyment of the easement in question is totally impracticable. Thus an easement of light and air is a continuous easement. This is illustration (a). A right of way is a discontinuous easement. This is illustration (b). There is divergence of judicial opinion in country on the question whether the right to discharge water used for domestic purpose is a continuous or a discontinuous easement though a right to discharge rain-water is unanimously easement. In a subsequent Madras case it was held that where the plaintiff’s plots were all along watered through vents, the right was a continuous easement notwithstanding the fact the vents might be closed for the sake of convenience as a temporary measure, as when for clearing unit or for [/FONT]