Question
Under Section 5 of the Indian Easements Act, 1882,
easements are classified into four types. Which of the following correctly identifies all four types?Solution
Section 5 of the Indian Easements Act, 1882 classifies easements into four categories based on their nature and visibility. A continuous easement is one whose enjoyment is, or may be, continual without the act of man such as a right to receive light and air through a window. A discontinuous easement requires the act of man for its enjoyment each time such as a right of way, which must be physically exercised each time. An apparent easement is one whose existence is shown by some permanent sign which, upon careful inspection, a person acquainted with the subject would notice such as a drain, a path, or a window. A non-apparent easement is one that has no such permanent sign such as a right to prevent a neighbour from building on their own land. This classification is practically significant because under Section 15 (prescription) and Section 13 (grant), continuous and apparent easements are more readily acquired by implication than discontinuous or non-apparent ones.
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