The Indian Easements Act MCQ Quiz - Objective Question with Answer for The Indian Easements Act - Download Free PDF

The correct answer is 'Easement'.

Key Points

• Easement:
  • An easement is a legal right that allows a person to use the property of another for a specific purpose while retaining ownership of their own property.
  • It is often related to rights such as access, passage, or usage of water or air from another's property.
  • Easements are typically granted to ensure that a property owner can enjoy their property fully without interference, even when such enjoyment depends on using a neighboring property.
  • Examples of easements include the right of way, drainage rights, or the right to lay utility lines across another's land.
  • Easements can be created through agreements, necessity, or long-term usage and are enforceable under property laws.

Additional Information

• Eminent Domain:
  • Eminent domain refers to the government's power to take private property for public use, provided fair compensation is given to the owner.
  • This concept does not involve one individual's right over another's property but rather the government's authority over private property.
• Lease:
  • A lease is a contractual agreement in which one party (the lessor) allows another party (the lessee) to use their property for a specified period in exchange for payment or rent.
  • This arrangement is temporary and does not grant permanent or ownership-like rights to the lessee, unlike an easement.
• Possession:
  • Possession refers to the physical control or occupancy of a property, which may or may not be tied to ownership rights.
  • While possession involves direct control, it does not inherently grant the right to use another's property as seen in easements.

The correct answer is 20 years

Key PointsSection 15 – Acquisition by Prescription
When the following rights have been peacefully and continuously enjoyed as easements without interruption for a period of twenty years, they become absolute rights:

• Access and use of light or air to and for any building, enjoyed as an easement.
• Support received from another person's land or structures affixed thereto, by land or things subject to artificial pressure.
• Right of way or any other easement, enjoyed peaceably, openly, and as of right, by someone claiming title.
• Each of these 20-year periods must end within two years before the institution of a suit in which the right is contested.

Explanation I:
Enjoyment does not qualify under this section if it is under an agreement with the owner/occupier of the property, and the agreement:

• Does not grant it as an easement,
• Or grants it only for a limited period,
• Or is conditional and ceases on the fulfillment of that condition.

Explanation II:

• An interruption is only recognized if:
• There is an actual cessation of enjoyment,
• Caused by someone other than the claimant,
• And the claimant acquiesces in the obstruction for one year after becoming aware of both the obstruction and the person responsible for it.

Explanation III:

• Suspension of enjoyment due to a contractual arrangement between the dominant and servient owners does not count as an interruption.

Explanation IV:
For an easement relating to pollution of water, the 20-year period starts from when the pollution first perceptibly harms the servient property.

Special Provision (Government Land):
If the property over which the easement is claimed belongs to the Government, the required period is thirty years instead of twenty.

Illustrations:
(a) A suit is filed in 1883 for obstruction of a right of way. The plaintiff proves uninterrupted and open enjoyment as of right from January 1, 1862, to January 1, 1882. The plaintiff is entitled to a judgment in their favor.

(b) In a similar case, the plaintiff shows 20 years of use, but the defendant proves the plaintiff was a lessee of the servient land for one of those years. The suit fails because the use was not as an easement throughout the entire period.

The correct answer is option 4.Key Points

•  Chapter 4 of Indian Easement Act 1882 deals with License.
• Section 52 define “License” and says where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.
• Section 53 deals with  who may grant license.
• It says a license may be granted by any one in the circumstances and to the extent in and to which he may transfer his interests in the property affected by the license.
• Section 54 deals with Grant may be express or implied and says the grant of a license may be express or implied from the conduct of the grantor, and an agreement which purports to create an easement, but is ineffectual for that purpose, may operate to create a license..

The correct answer is Option 2.

Key PointsSection 4 of The Indian Easements Act, 1882.

• According to the provisions of Section 4, an easementary right  is a right possessed by the owner or occupier of the land on some other land, not his own, the purpose of which is to provide the beneficial enjoyment of the land. This right is granted because without the existence of this right an occupier or owner cannot fully enjoy his own property.
• The word ‘land’ refers to everything permanently  attached to the earth and the words ‘beneficial enjoyment’ denotes convenience, advantage or any amenity or any necessity. The owner or occupier referred to in the provision is known as the Dominant Owner and the land for the benefit of which the easementary right exists is called Dominant Heritage. Whereas the owner upon whose land the liability is imposed is known as the Servient Owner and the land on which such a liability is imposed to do or prevent something, is known as the Servient Heritage.

Additional Information Illustrations-

• ‘P’ being the owner of certain land or house has a right of way over Q’s house, adjacent to his house, to move  out of the street. This is known as right of easement.
• A voluntary dedication of right by ‘X’ to the public for passing or re-passing over a surface of certain land is not a right of easement.

The correct option is Option 3.

Key Points

• Easement:-
  • It is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.
• Dominant and Servient heritages and Owners:-

  • Dominant heritages:
    • The land for the beneficial enjoyment of which the right exists is called the dominant heritage and the owner or occupier thereof the dominant owner.
  • Servient heritages:
    • The land on which the liability is imposed is called the servient heritage and the owner or occupier thereof the servient owner.

• Explanation:-
  • The expression "land" includes also things permanently attached to the earth.
  • The expression "beneficial enjoyment includes also possible convenience, remote advantage and even a mere amenity.
  • The expression "to do something" includes removal and appropriation by the dominant owner, for the beneficial enjoyment of the dominant heritage, of any part of the soil of the servient heritage or anything growing or subsisting thereon.
• Illustrations:-
  1. A, as the owner of a certain house, has a right of way thither over his neighbour B's land for purposes connected with the beneficial enjoyment of the house. This is an easement.
  2. A, as the owner of a certain house, has the right to go on his neighbour B's land, and to take water for the purposes of his household out of a spring therein. This is an easement.
  3. A, as the owner of a certain house, has the right to conduct water from B's stream to supply the fountains in the garden attached to the house. This is an easement.
  4. A, as the owner of a certain house and farm, has the right to graze a certain number of his own cattle on B's field, or to take, for the purpose of being used in the house, by himself, his family, guests, lodgers and servants, water or fish out of C's tank, or timber out of D's wood, or to use, for the purpose of manuring his land, the leaves which have fallen from the trees on E's land. These are easements.
  5. A dedicates to the public the right to occupy the surface of certain land for the purpose of passing and re-passing. This right is not an easement.
  6. A is bound to cleanse a water course running through his land and keep it free from obstruction for the benefit of B, a lower riparian owner. This is not an easement.

The correct answer is 'Easement'.

Key Points

• Easement:
  • An easement is a legal right that allows a person to use the property of another for a specific purpose while retaining ownership of their own property.
  • It is often related to rights such as access, passage, or usage of water or air from another's property.
  • Easements are typically granted to ensure that a property owner can enjoy their property fully without interference, even when such enjoyment depends on using a neighboring property.
  • Examples of easements include the right of way, drainage rights, or the right to lay utility lines across another's land.
  • Easements can be created through agreements, necessity, or long-term usage and are enforceable under property laws.

Additional Information

• Eminent Domain:
  • Eminent domain refers to the government's power to take private property for public use, provided fair compensation is given to the owner.
  • This concept does not involve one individual's right over another's property but rather the government's authority over private property.
• Lease:
  • A lease is a contractual agreement in which one party (the lessor) allows another party (the lessee) to use their property for a specified period in exchange for payment or rent.
  • This arrangement is temporary and does not grant permanent or ownership-like rights to the lessee, unlike an easement.
• Possession:
  • Possession refers to the physical control or occupancy of a property, which may or may not be tied to ownership rights.
  • While possession involves direct control, it does not inherently grant the right to use another's property as seen in easements.

The correct answer is Option 2.

Key PointsSection 4 of The Indian Easements Act, 1882.

• According to the provisions of Section 4, an easementary right  is a right possessed by the owner or occupier of the land on some other land, not his own, the purpose of which is to provide the beneficial enjoyment of the land. This right is granted because without the existence of this right an occupier or owner cannot fully enjoy his own property.
• The word ‘land’ refers to everything permanently  attached to the earth and the words ‘beneficial enjoyment’ denotes convenience, advantage or any amenity or any necessity. The owner or occupier referred to in the provision is known as the Dominant Owner and the land for the benefit of which the easementary right exists is called Dominant Heritage. Whereas the owner upon whose land the liability is imposed is known as the Servient Owner and the land on which such a liability is imposed to do or prevent something, is known as the Servient Heritage.

Additional Information Illustrations-

• ‘P’ being the owner of certain land or house has a right of way over Q’s house, adjacent to his house, to move  out of the street. This is known as right of easement.
• A voluntary dedication of right by ‘X’ to the public for passing or re-passing over a surface of certain land is not a right of easement.

The correct option is Option 3.

Key Points

• Easement:-
  • It is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.
• Dominant and Servient heritages and Owners:-

  • Dominant heritages:
    • The land for the beneficial enjoyment of which the right exists is called the dominant heritage and the owner or occupier thereof the dominant owner.
  • Servient heritages:
    • The land on which the liability is imposed is called the servient heritage and the owner or occupier thereof the servient owner.

• Explanation:-
  • The expression "land" includes also things permanently attached to the earth.
  • The expression "beneficial enjoyment includes also possible convenience, remote advantage and even a mere amenity.
  • The expression "to do something" includes removal and appropriation by the dominant owner, for the beneficial enjoyment of the dominant heritage, of any part of the soil of the servient heritage or anything growing or subsisting thereon.
• Illustrations:-
  1. A, as the owner of a certain house, has a right of way thither over his neighbour B's land for purposes connected with the beneficial enjoyment of the house. This is an easement.
  2. A, as the owner of a certain house, has the right to go on his neighbour B's land, and to take water for the purposes of his household out of a spring therein. This is an easement.
  3. A, as the owner of a certain house, has the right to conduct water from B's stream to supply the fountains in the garden attached to the house. This is an easement.
  4. A, as the owner of a certain house and farm, has the right to graze a certain number of his own cattle on B's field, or to take, for the purpose of being used in the house, by himself, his family, guests, lodgers and servants, water or fish out of C's tank, or timber out of D's wood, or to use, for the purpose of manuring his land, the leaves which have fallen from the trees on E's land. These are easements.
  5. A dedicates to the public the right to occupy the surface of certain land for the purpose of passing and re-passing. This right is not an easement.
  6. A is bound to cleanse a water course running through his land and keep it free from obstruction for the benefit of B, a lower riparian owner. This is not an easement.

The correct answer is 'Easement'.

Key Points

• Easement:
  • An easement is a legal right that allows a person to use the property of another for a specific purpose while retaining ownership of their own property.
  • It is often related to rights such as access, passage, or usage of water or air from another's property.
  • Easements are typically granted to ensure that a property owner can enjoy their property fully without interference, even when such enjoyment depends on using a neighboring property.
  • Examples of easements include the right of way, drainage rights, or the right to lay utility lines across another's land.
  • Easements can be created through agreements, necessity, or long-term usage and are enforceable under property laws.

Additional Information

• Eminent Domain:
  • Eminent domain refers to the government's power to take private property for public use, provided fair compensation is given to the owner.
  • This concept does not involve one individual's right over another's property but rather the government's authority over private property.
• Lease:
  • A lease is a contractual agreement in which one party (the lessor) allows another party (the lessee) to use their property for a specified period in exchange for payment or rent.
  • This arrangement is temporary and does not grant permanent or ownership-like rights to the lessee, unlike an easement.
• Possession:
  • Possession refers to the physical control or occupancy of a property, which may or may not be tied to ownership rights.
  • While possession involves direct control, it does not inherently grant the right to use another's property as seen in easements.

The correct answer is 20 years

Key PointsSection 15 – Acquisition by Prescription
When the following rights have been peacefully and continuously enjoyed as easements without interruption for a period of twenty years, they become absolute rights:

• Access and use of light or air to and for any building, enjoyed as an easement.
• Support received from another person's land or structures affixed thereto, by land or things subject to artificial pressure.
• Right of way or any other easement, enjoyed peaceably, openly, and as of right, by someone claiming title.
• Each of these 20-year periods must end within two years before the institution of a suit in which the right is contested.

Explanation I:
Enjoyment does not qualify under this section if it is under an agreement with the owner/occupier of the property, and the agreement:

• Does not grant it as an easement,
• Or grants it only for a limited period,
• Or is conditional and ceases on the fulfillment of that condition.

Explanation II:

• An interruption is only recognized if:
• There is an actual cessation of enjoyment,
• Caused by someone other than the claimant,
• And the claimant acquiesces in the obstruction for one year after becoming aware of both the obstruction and the person responsible for it.

Explanation III:

• Suspension of enjoyment due to a contractual arrangement between the dominant and servient owners does not count as an interruption.

Explanation IV:
For an easement relating to pollution of water, the 20-year period starts from when the pollution first perceptibly harms the servient property.

Special Provision (Government Land):
If the property over which the easement is claimed belongs to the Government, the required period is thirty years instead of twenty.

Illustrations:
(a) A suit is filed in 1883 for obstruction of a right of way. The plaintiff proves uninterrupted and open enjoyment as of right from January 1, 1862, to January 1, 1882. The plaintiff is entitled to a judgment in their favor.

(b) In a similar case, the plaintiff shows 20 years of use, but the defendant proves the plaintiff was a lessee of the servient land for one of those years. The suit fails because the use was not as an easement throughout the entire period.

The correct answer is Cannot be transferred apart from the dominant heritage

Key Points

•  What is an Easement?
  • An easement is a right one landowner (dominant owner) has over the land of another (servient owner) — e.g., right of way, right to light, right to draw water, etc.
• Legal Position Under the Transfer of Property Act, 1882 & Indian Easements Act, 1882:
  • Easements are attached to the dominant heritage (land) — they are incidental rights.
  • They cannot be transferred independently of the land to which they are attached.
• An easement cannot be transferred separately from the dominant heritage it benefits.

Additional Information

• Can be transferred: Incorrect – Not independently. Only with the dominant heritage.
• Cannot be transferred: Partially true but misleading – Easements can be transferred, but only along with the dominant land.
• Can be transferred apart from [the dominant heritage]: Incorrect – This is expressly prohibited.

The correct answer is A period of 30 years

Key Points

• Easement by Prescription:
  • An easement right (like right of way, right to light/air) may be acquired by continuous and uninterrupted use over a statutory period.
• General Rule for Private Property:
  • For acquiring easement against private property: 20 years of continuous enjoyment [Section 25 read with Schedule].
• Against Government Land:
  • For government property, the required period is 30 years of uninterrupted and peaceful enjoyment, as if of right, without permission.
• Purpose:
  • This longer period reflects the special status of government property, protecting it from casual or undocumented adverse claims.

Additional Information

• 60 years – Not applicable to easements; relates to other types of adverse possession claims.
• 20 years – Applies to private property only, not government property.
• 25 years – No such time period is prescribed under the Limitation Act for easement.

The correct answer is option 4.Key Points

•  Chapter 4 of Indian Easement Act 1882 deals with License.
• Section 52 define “License” and says where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.
• Section 53 deals with  who may grant license.
• It says a license may be granted by any one in the circumstances and to the extent in and to which he may transfer his interests in the property affected by the license.
• Section 54 deals with Grant may be express or implied and says the grant of a license may be express or implied from the conduct of the grantor, and an agreement which purports to create an easement, but is ineffectual for that purpose, may operate to create a license..

The correct answer is Option 2.

Key PointsSection 4 of The Indian Easements Act, 1882.

• According to the provisions of Section 4, an easementary right  is a right possessed by the owner or occupier of the land on some other land, not his own, the purpose of which is to provide the beneficial enjoyment of the land. This right is granted because without the existence of this right an occupier or owner cannot fully enjoy his own property.
• The word ‘land’ refers to everything permanently  attached to the earth and the words ‘beneficial enjoyment’ denotes convenience, advantage or any amenity or any necessity. The owner or occupier referred to in the provision is known as the Dominant Owner and the land for the benefit of which the easementary right exists is called Dominant Heritage. Whereas the owner upon whose land the liability is imposed is known as the Servient Owner and the land on which such a liability is imposed to do or prevent something, is known as the Servient Heritage.

Additional Information Illustrations-

• ‘P’ being the owner of certain land or house has a right of way over Q’s house, adjacent to his house, to move  out of the street. This is known as right of easement.
• A voluntary dedication of right by ‘X’ to the public for passing or re-passing over a surface of certain land is not a right of easement.

The correct option is Option 3.

Key Points

• Easement:-
  • It is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.
• Dominant and Servient heritages and Owners:-

  • Dominant heritages:
    • The land for the beneficial enjoyment of which the right exists is called the dominant heritage and the owner or occupier thereof the dominant owner.
  • Servient heritages:
    • The land on which the liability is imposed is called the servient heritage and the owner or occupier thereof the servient owner.

• Explanation:-
  • The expression "land" includes also things permanently attached to the earth.
  • The expression "beneficial enjoyment includes also possible convenience, remote advantage and even a mere amenity.
  • The expression "to do something" includes removal and appropriation by the dominant owner, for the beneficial enjoyment of the dominant heritage, of any part of the soil of the servient heritage or anything growing or subsisting thereon.
• Illustrations:-
  1. A, as the owner of a certain house, has a right of way thither over his neighbour B's land for purposes connected with the beneficial enjoyment of the house. This is an easement.
  2. A, as the owner of a certain house, has the right to go on his neighbour B's land, and to take water for the purposes of his household out of a spring therein. This is an easement.
  3. A, as the owner of a certain house, has the right to conduct water from B's stream to supply the fountains in the garden attached to the house. This is an easement.
  4. A, as the owner of a certain house and farm, has the right to graze a certain number of his own cattle on B's field, or to take, for the purpose of being used in the house, by himself, his family, guests, lodgers and servants, water or fish out of C's tank, or timber out of D's wood, or to use, for the purpose of manuring his land, the leaves which have fallen from the trees on E's land. These are easements.
  5. A dedicates to the public the right to occupy the surface of certain land for the purpose of passing and re-passing. This right is not an easement.
  6. A is bound to cleanse a water course running through his land and keep it free from obstruction for the benefit of B, a lower riparian owner. This is not an easement.