When it comes to land use agreements, there are a lot of different options out there. Two of the most common types are easements and leases. But what's the difference between the two? Both easements and leases can be either temporary or permanent. And both types of agreements can be either written or oral.
What is Easement?
An easement is a legal agreement that gives someone the right to use your property for a specific purpose. For example, you might grant an easement to your neighbor that allows them to use your driveway to access their property.
What is Lease?
A lease, on the other hand, is a contract that gives someone the right to use your property for a specific period of time. For example, you might lease your land to a farmer for the purpose of growing crops.
Distinction Between Easement and Lease -
No. | Easement | Lease |
| 1 | The easement is defined and explained by the Easements Act, of 1882. | Lease Is defined In 105 of the Transfer o Act, 1882 The law of lease Is explained from Sec 105 to 117 |
| 2 | An easement over land is the rightful use without either the ownership or the possession of It. | A lease of land as the rightful possession and use Without the ownership of it |
| 3 | An easement may be acquired positively or negatively. It may be acquired with the grant of the owner of the property (servient owner) or It may be acquired by prescription without an active grant | The lessee can get a lease only With the consent of the lessor |
| 4 | The easements are acquired by prescription, custom, grant, etc. It is not necessary that an easement must be registered. However, If the parties agree, It may be registered along with the transfer of servient tenement or dominant tenement. | Subject to certain restrictions, generally, the lease shall have to register under the Indian Registration Act. 1908 |
| 5 | As the period grows, the easementary right strengthens | As the period grows, the life of the lease lessens, and after the completion of the lease period, the lessee shall have to vacate the premises |
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