Question

    Under the Indian Easements Act, 1882, Section 13

    provides for easement of "necessity." Which of the following is NOT a requirement for easement by necessity?
    A The easement must be necessary for the enjoyment of the dominant heritage Correct Answer Incorrect Answer
    B There must be no other alternative way to access the property Correct Answer Incorrect Answer
    C The easement must benefit the dominant owner personally Correct Answer Incorrect Answer
    D The easement must have been acquired through payment of consideration Correct Answer Incorrect Answer
    E The servient heritage must be capable of bearing the burden of the easement Correct Answer Incorrect Answer

    Solution

    Easement by necessity under Section 13 does not require payment of consideration. It arises where access is necessary for enjoying the dominant heritage and no other alternative access exists. Recent Supreme Court judgments (2024) clarify that if an alternative access exists (even if longer or inconvenient), necessity cannot be claimed.

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