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      Question

      Under the Indian Easements Act, 1882, which of the

      following correctly defines an "Easement"?
      A A right to possess the property of another person permanently Correct Answer Incorrect Answer
      B A right which the owner or occupier of land possesses for the beneficial enjoyment of that land, to do and continue to do something, or to prevent something being done, in or upon other land not his own Correct Answer Incorrect Answer
      C A right granted by the Government over private land for public use Correct Answer Incorrect Answer
      D A contractual right to use another's land for a limited period only Correct Answer Incorrect Answer

      Solution

      Explanation: Section 4 of the Indian Easements Act, 1882 defines an  easement  as a right which the owner or occupier of certain land possesses, as such, for the  beneficial enjoyment  of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon other land not his own. The land for whose benefit the easement exists is called the  dominant heritage , and its owner or occupier is the  dominant owner . The land on which the liability is imposed is called the  servient heritage , and its owner or occupier is the  servient owner . An easement is a right  in rem  enforceable against the world at large and cannot be separated from the dominant heritage. It is fundamentally different from a  licence  (Section 52), which is merely a personal permission and does not create any interest in the property.

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