Under Section 52 of the Indian Easements Act, 1882, a

Solution

Section 52 of the Indian Easements Act, 1882 defines a licence as a right granted by one person to another to do, or continue to do, something in or upon the grantor's immovable property, which would otherwise be unlawful, and which does not amount to an easement or an interest in the property. The most critical distinction is that a licence is a right in personam it is personal to the licensee and cannot ordinarily be transferred or assigned whereas an easement is a right in rem enforceable against the whole world and automatically passes with the transfer of the dominant heritage. Further, a licence is generally revocable at the will of the grantor under Section 60, except where it is coupled with a grant of interest (irrevocable licence) or where the licensee has acted upon the licence and incurred expenditure. An easement, once legally acquired, cannot be revoked by the servient owner unilaterally. Another key distinction is that a licence binds only the parties, whereas an easement binds even a third party purchaser of the servient heritage who has notice of it