Research Area:
Business and Marketing
KeyWord:
evolution, civilization, easement, servient, occupier, convenience
Abstract:
The evolution of civilization had begun when people started living in groups, in realization of the each individuals’ private rights with mutual benefits within the society. Hence, the right of easement dates back to the period of recognition of private property in a well- established society. Such a right arises out of certain aspects of morality, which allows a third person to enjoy certain benefits in relation to the property, on which he has, neither ownership nor possession. With progress in the society, the legislation has given deference to the easement rights, which makes it necessary for us to have a line of thinking on it. This paper revolves around the doctrine of easement and the essential conditions, process of acquisition and process of termination, suspension and revival of easement and attempts to answer the question as to whether the Indian easements act is complete in itself or not and whether Section 2 of the said act conflicts with doctrine of easement with reference to rights of a riparian.