Under Section 13 of the Indian Easements Act, 1882, when

Solution

Section 13 of the Indian Easements Act, 1882 provides for easement of necessity an easement that arises by implication of law when land is transferred or partitioned, and the transferred or retained portion is landlocked with no access to a public road, water, or other essential means of enjoyment. The defining characteristic of an easement of necessity is that it must be absolutely indispensable a mere convenience or preference for a better route is not sufficient to establish necessity. In the landmark case of Manjri Gram Udyog v. State of UP, courts held that if the transferee has any other access, however inconvenient, the claim of easement by necessity fails. An easement of necessity lasts only as long as the necessity exists once the dominant owner acquires an alternative means of access, the easement of necessity extinguishes automatically. This is a crucial distinguishing feature from prescriptive easements easement of necessity requires no period of enjoyment and arises the moment the necessity comes into existence upon transfer or partition of land.