Question
Under Sections 18-22 of the Indian Easements Act, 1882,
what are the main modes of acquiring easements?Solution
Easements under the Indian Easements Act, 1882, can be acquired through multiple modes: (1) Express grant clear written agreement conferring easement right, (2) Implied grant easements necessary for enjoying transferred property, (3) Prescription continuous user for 20 years as of right (Section 21), (4) Easement of necessity where essential for property enjoyment and arose from common ancestry, (5) Apparent quasi-easement easements apparent at time of property transfer. Section 28 restricts acquisition through mere possession/enjoyment without legal title. Once acquired through valid mode, easements are enforceable against successive owners of servient land (running with the land). Rights of way, water easements, light and air are common examples.
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