Duration Exists as long as necessity persists
Legal Character Based on implied grant or consent, not hostility
Claims are mutually exclusive, cannot exist
Coexistence together ... starts only after necessity ceases and adverse
enjoyment begins.
Permission or implied grant under necessity negates hostile
use needed for prescription.
Easement by necessity
grant by the owner of a tenement of part of that tenement, a
grant is implied of all those easements without which the enjoyment ... derogate
from his own grant and that a grant is always construed strictly against
the grantor. Easements of necessity are implied also in favour
been used peacefully
and continuously as a right of passage by implied grant to the
dominant heritage since the time of its purchase and also ... heritage and its occupants have always had the
easementary right by implied grant not just to use servient property,
throughout the day and night
irrevocability is, in fact, based on the principle of an implied grant
arising from the conduct of the licensor which estopped him from
claiming
right, i.e. whether statutory, by way of
prescription or express/implied grant. Needless to state that there had
been neither prescription nor grant apart
Delhi 225 that where plaintiff's application for grant
of leave is pending, the Court cannot dismiss the suit for want of
notice without ... been nobody's contention that there
is an implied grant of leave by virtue of earlier order of Court dated
13.12.2011. Thus
Colly.). The same cannot be stretched or constructed to imply
grant of damages at such a rate in the absence of some credible
evidence
which
easements are acquired or imposed, that is, namely easements
by grant, easements of necessity, easements by prescription
and customary easements. Acquisition of an easementary ... Easements by grant require a grant by the owner of the
servient heritage. Easements of necessity are based on implied
grants or reservations made
power is
expressly generated by the statute, there is impliedly included in the
grant even without special mention, every power and every control,
the denial ... grant itself ineffective. Thus where an Act confers
jurisdiction it impliedly also grants the power of
doing all such acts or employ such means
Supreme Court held that an inference in regard to grant of
permission can also be drawn from the conduct of the parties as also ... Court and that, it is trite that even a
permission of implied grant can be drawn. That was a case, where the
Suit
