course etc. Easements can be acquired by
different ways and are of different kinds, that
is, easement by grant, easement of necessity,
easement by prescription ... entitled to such
easement.
The easements mentioned in this section,
clauses (a), (c) and (e) are called easements
of necessity. Where immovable property
passes
perusal of section 13 of Indian easement act,
1882 which makes provision for easement by way of necessity
makes it clear that the easement ... way of necessity can be
claimed only in cases of transfer or partition of the dominant
heritage which is not the case in the present
necessity:
Section 13 of the Indian Easement Act 1882 which makes
provision for easement by way of necessity reads as under:
Easements of necessity ... protected by plea of easement of necessity. Hon'ble High Court
of Delhi also discussed easement by way of prescription as :
" Section
Section 13 of the Indian Easements Act, 1882 which makes
provision for easement by way of necessity reads as under:
"13. Easement of necessity ... entitled to such easement.
The easements mentioned in this section, clauses (a), (c) and (e) are
called easements of necessity. Where immovable property passes
whether the
easement of necessity that too of easement absolute necessity has to be
interpreted in which way where the parties have source and opportunity ... question of
easement of necessity.
In Wultzer Vs. Sharpe, it was held that an easement of necessity
was an easement without which the property sold
grant of right of easement.
Prescriptive Easements:-
27. Section 15 of the Indian Easements Act provides for this type of easement.
The following ... staircase by way of easement through
prescription as prescribed under section 15 as well as by way of necessity as
provided under Section
way of
necessity and other is easement by way of prescription. In
easement by way of necessity, the owner or occupier of the
land (dominant ... clear that the plaintiffs are not entitled to
easement by way of necessity.
46. Now, coming to easement by way of prescription
right can be acquired in implied circumstances
in the following ways:-
Easement of Necessity:-
Section 13 of the Indian Easements Act, 1882, deals with this ... enjoyed
at all without such easements. This rule of implied reservation of
easements rests upon the necessity of the case and the impossibility of
admitting
easement of necessity in India is primarily
governed by Section 13 of the Indian Easements Act, 1882. An
easement of necessity arises when the owner ... easements, including easement by grant,
easement by necessity, and easement by prescription.
44. A critical issue is whether a right of way or passage
stated that the
easement rights has accrued to the present plaintiff by way of
prescription. The ground of easement by necessity was in fact
inclusive ... basis of easement by necessity itself though strictly not
using the words "easement by necessity" therein in the plaint
filed in the first
