Question
Under the Indian Easements Act, 1882, which of the
following correctly defines an "Easement"?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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