Who may acquire easements in general ?

[vustudents]

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An easement may be acquired by the owner of the immovable property for the beneficial, by person in possession of the same. One or two or more co-owners of immovable property may, as ,such with or without the consent of the other or others, acquire an easement for the beneficial enjoyment of such property. No lessee of immovable property can acquire, for the beneficial enjoyment of other immovable property of his own, an easement in or over the property comprised in his lease.
Comments
General: Section 8 to 11 deal with the imposition of easements by express grant by the servient owner and section 12 deals with persons who may acquire easement not only by express grant but by other methods also. It is only a person who has a subsisting legal interest in the dominant heritage who can acquire an easement for the beneficial enjoyment of the dominant heritage.
Right of easement, protection of: Record showing petitioner now here claiming the proceedings for transfer of portion of evacuee property under her occupation pending before settlement authority or that she had filed any form for transfer of said portion to her. The petitioner admittedly not owner of property neither authorized to occupy nor her occupation recognized or accepted by the settlement department or the provincial Government. The petitioner also failed to implead the provincial Government and settlement department dealing with disputed property, as a party in suit. The petitioner, could not claim the protection of easement rights, in circumstances. 1983 CLC 805.
Right of acquisition: According to the case of Noor Hassan v. Tufail Ahmad, 1980 SCMR 144, the right of easement as claimed was not found any mention in the settlement record. The house changed hands on several occasions but such right was not mentioned in any of transfer deeds. The right of easement though mentioned in the sale deeds was executed in the petitioner’s favour by one K yet such right was not transferred to K by person selling house to K. No proof as to how such right accrued to K and the high court rejected accrual of such right to K or to the subsequent transferee. The finding recorded by the high court was unexceptionable in circumstances.
Right of way: Both courts below concurrently finding that there was no prime facie proof to sustain the stand of petitioner that he acquired by prescription the right of way over the dispute land or that it was a private passage. Petitioner had not stated the time form which he or his predecessor and allegedly been using the so-called passage. Such fact alone, held was sufficient to non-suit petitioner as regards his claim of easement. 1990 CLC 851.
Prescriptive: Plaintiff claimed prescriptive easementary rights respecting light, air and passage through and over open plot adjacent to his house. Both house and open plot were evacuee properties owned by common non-Muslim evacuee owner, but on his migration to India after independence both properties came to vest in Government of Pakistan. Both properties were allotted to plaintiff earlier but later on open plot was allotted to defendant. Strong evidence was available in house of plaintiff and vacant plot of defendant was not necessary source for that. No evidence was available to the effect that plot was in use for a passage in exercise of right of easement by plaintiff. [/B]

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