Meaning and Types of Easement.

Meaning of Easement -

An easement is 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, or in respect of certain other land not his own.

Kinds/ Types of Easement -

There are four types of easement Section. 5 of Easement Act deals with the types of easement. It provides that the easements are either continuous or discontinuous ,apparent or non apparent.

A) Continuous Easement -

A continuous easement is one whose enjoyment is, or may be, continual without the act of man.

Illustration -

A right annexed to B’s house to receive light by the windows without obstruction by his neighbor A. This is a continuous easement.

A continuous easement is extinguished when it is totally cease to be enjoyed as such for an unbroken period of 20 years.

B) Discontinuous easement - A discontinuous easement is one that needs the act of man for its enjoyment.

Illustration -

  A right of way annexed to A’s house over B’s land. This is a discontinuous easement.

C) Apparent easement -

An apparent easement is one the existence of which is shown by some permanent sign which, upon careful inspection by a competent person, would be visible to him.

Illustration-

Rights annexed to A's land to lead water thither across B's land by an aqueduct and to draw off water thence by a drain. The drain would be discovered upon careful inspection by a person conversant with such matters. These are apparent easements.

D) Non-apparent easement -

A non-apparent easement is one that has no such sign.

Illustration -

A right annexed to A's house to prevent B from building on his own land. This is a non-apparent easement.