International Journal For Multidisciplinary Research

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Easements and the Transfer of Property Act, 1882: A Legal Perspective

Author(s) Shambhavi Singh, Shambhavi Sahay
Country India
Abstract Easements fulfil a basic role in property law, granting landowners specific rights while casting an obligation on others. This article explores the legal principles governing easements under the Transfer of Property Act of 1882 and views its relevance for today's Indian scenario. The discussion begins with defining easements and their significance in property transactions before turning into an examination of the different types of easements recognized under the Indian jurisprudence. Then, the paper looks into the means of granting easements: these could be express or implied grants or through prescription. Rights and duties of the dominant owner as well as the servient owner while this discussion is in light of the legal balance of property usage-encumbrance. Lastly, grounds upon which an easement ends through release, merger, as well as abandonment. Judicial interpretations and landmark cases have been analyzed to understand how courts have fashioned the law of easement doctrine in India. As a conceivable conclusion, there is an introspection of the continued relevance of easement law within the matrix of increasing urbanization and recommending reforms to address the emerging issues. This in-depth research endeavor aims to increase understanding of easements and their crucial position within the Transfer of Property Act of 1882.
Keywords Easement, Property law, Dominant owner, Servient owner, Implied grant, Express grant, Prescription, Extinction of easements, Judicial interpretations, Urbanization, Legal obligations.
Field Sociology > Administration / Law / Management
Published In Volume 6, Issue 5, September-October 2024
Published On 2024-09-21
Cite This Easements and the Transfer of Property Act, 1882: A Legal Perspective - Shambhavi Singh, Shambhavi Sahay - IJFMR Volume 6, Issue 5, September-October 2024. DOI 10.36948/ijfmr.2024.v06i05.27700
DOI https://doi.org/10.36948/ijfmr.2024.v06i05.27700
Short DOI https://doi.org/g4qmkv
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