View Full Version : Who may grant easement “any one” discuss it briefly ?

05-01-2012, 01:09 AM
(1) Owner: An individual owner of land can subject it to an easement for any estate or interest for which he could alienate. Illustration (c) to section 8 shows that one of several co-owners cannot impose an easement on any part of the land without the consent of the others. The owner of a serivent tenement can by his unilateral act impose an easement on his property even though the owners of the dominant tenement are not parties to that transaction. AIR 1975 All. 431.
(2) Lessee: Illustration (a) and (b) to section 8 show that a lessee or a tenant can impose an easement on the leased land for the unexpired period of his lease or for any shorter period of his lease or for any shorter period. Illustration (d) shown that one lessee of land may impose for the duration of his lease, an easement thereon in favour of another lessee of the same losser in respect of another land.
(3) Trespasser: A trespasser or squatter is a person capable of imposing a permanent burden like an easement on the property. AIR 1941 Rang 208.
(4) Permanent tenure holder: The holder of a permanent tenure can create an easement. AIR 1929 Pat. 124.
(5) Ostensible owner: If a person grants an easement upon the representation that he has the title to do so and he has not the title and the time of the grant but subsequently acquires property and the conveyance operates by way of estoppel against the denial of the right. 1967 Ker. LT. 1130.
(6) Limited owner: Limited owners having temporary interests in land may grant easement rights which might last during the continuance of their interests. AIR 1963 All. 238.
Grant, whether contractual- - Consideration: The grant of an easement is usually contractual. The express grant which creates an easement is in the natural of a contract between the grantor and grantee and as such is governed by all the principles relating to contracts. The grant may fail for every reason that may invalidate a contract such as mutual mistake, fraud, misrepresentation, undue influence, minority, lunacy, or drunkenness of a party, failure of consideration, contravention of public policy, etc.
Form of grant: The grant of an easement for a legal estate must be by deed. The use of the word “grant” or any other particular word is not necessary for the express creation of an easement; any words are sufficient which clearly show the intention to create an easement grantable at law. To create an easement by express grant no particular from or words are necessary. The grant may be express grant may be oral or may be in writing. It need not be in writing, and even if it is in writing, it need not be registered, 34 IC 95, For it is not a transfer of ownership as contemplated by section 54 of the transfer of property act. 31 All. 612.