Question

    Under Sections 18-22 of the Indian Easements Act, 1882,

    what are the main modes of acquiring easements?
    A Exclusively through an express grant evidenced by a registered deed between the dominant and servient owners. Correct Answer Incorrect Answer
    B Through express or implied grant, prescription (20+ years), necessity, and apparent quasi-easement. Correct Answer Incorrect Answer
    C Solely by way of a mandatory judicial decree from a Civil Court following a property dispute. Correct Answer Incorrect Answer
    D Through a mutual oral agreement followed by the adverse possession of the servient heritage for 12 years. Correct Answer Incorrect Answer
    E Easements are strictly statutory entitlements and cannot be acquired through the acts of private parties. Correct Answer Incorrect Answer

    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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