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EASEMENT
Easement rights An easement is a right which the owner or the 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. An easement is the right to use the real property of another without possessing it. Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond.
b) b) /ights to advantages arising from situation- he right of every owner of immovable property .subject to any law for the time being in force) to enjoy without disturbance by another the natural advantages arising from its situation.
0wners right to enjoy limited by 1unicipal Act: :nder the ;ombay 1unicipal Corporation Act .iii of 1+++), the ;ombay 1unicipal Corporation has power to enter upon lands belonging to private owners , to ma9e connection between their main pipes and to lay the pipes forming connection through or under such lands , even without the owners permission , provided reasonable notice is given to them. 0wners right to build any structure on his land: 7arties may build whatever structure they please on their land, i.e., a <indu temple, by the side of a mos5ue, provided that they do not interfere with the free enjoyment of the neighbor=s property. he general rule of law is that the owner of one piece of land has a right to it in the natural course of user! unless, in doing so, he interferes with some right created either by law or by contract. his has been uniformly followed by the courts.
/ight of owner to build a ridge on his land: A person has a natural right, as owner of land, to raise a ridge on his own land, adjoining a highway, so as to prevent water flowing from such highway >into his garden !and the 1unicipality will be guilty of trespass and liable for damages, if it removes the ridge so put up. An injunction may be granted restraining such illegal act. Easement of discharging water: A right of easement to allow the water from the plaintiff=s mori and roof to fall on the defendant=s land will not entitle the plaintiff to claim that the land shall be 9ept open and unbuilt . he defendant can build ma9ing necessary arrangements to receive the water from the mori and roof and to carry it away.
Easement of discharging smo9e: ;uilding on the servient tenement: An injunction to restrain the servient owner from building on his land so as to interfere with the right of easement to discharge smo9e over such land may be granted. 1agistrate may ma9e an order to prevent riot- Any person is entitled to establish a mar9et on his own land, and the owner of a neighboring mar9et has no right of the suit for the loss which may ensue from the establishment of the new mar9et. his right is subject to the order of the 1agistrate to prevent riot,etc . 3undamental position as the right to build- right to build is concerned, the fundamental position is that every person is entitled to build right up to the limits of his own property. *n doing so , must not infringed the right of the owner of adjoining property . ;ut these rights have first to be ac5uired. *f they are not ac5uired then the fundamental position remains. *f the fundamental position is that a man is entitled to right upon the limit of his own property, then the mere fact that he e,ercises that right cannot be regarded as an actionable nuisance.
/ight of action in case of pollution of water of natural stream>A riparian proprietor has a right to the natural stream of water flowing through the land in its natural state! and if the water be polluted by a proprietor higher up the stream, so as the occasion damage in law, though not in fact, to the first mentioned proprietor, it gives him a good cause of action against the upper proprietor unless the latter have gained a right by long enjoyment or grant.? @hile in the case of riparian owners relief may be obtainable by the mere fact of pollution, even though there may not, in fact, be any sensible reduction of the comforts of the riparian owners in the case of persons, who merely have a right over the property not belonging to them damage , in fact, would have to be proved.
6atural right of passage arising out of the location of plots: 6atural rights are rights in rem ,that is enforceable against all who may violate them,and they are either affirmative, as rights to do something ,or a negative,as rights which every owner of immoveable property has, that his neighbor shall not disturb the natural conditions under which he enjoys his property.(ections ).b) of the *ndian Easement Act deals with rights to advantages arising out of situations have been dealt with. >it is to have all natural incidents and advantages , as nature would produce them ! there is a right to the light and heat that would come ,to all the rain that would fall to all the wind that would flow ! aright that the rain , which would pass over the land , should not be stopped and made to fall on it ! a right that the wind should not be chec9ed , but should be able to escape freely! and it were possible that these rights interfered with one having no right , no doubt an action would lie. ;ut these natural rights are subject to the right of the adjoining owners , who , for the benefit of the community , have and must have rights in relation to the use and the enjoyment of their property that 5ualify and interfere with those of their neighbours= rights to use their property in various ways in which property is lawfully and commonly used.?
@hether it is necessary to prove damage in an action by a lower owner to restrain higher owner from diverting water: >*n order to support an action by one riparian owner to restrain another from diverting the water beyond his riparian tenement it is not necessary that the plaintiff should proved that he has suffered any damage.? /ight of riparian owners-/emoval of a bund: o entitle a person for the removal of an emban9ment, constructed in a channel on defendant=s own land , there must be an actual infringement of the plaintiff=s right, and not merely some act by which the right is denied or ,5uestioned. Artificial water course- o riparian proprietors have the right to use water of a natural water course under certain restrictions. ;ut these rights have no application to a water course artificially constituted, and the mere fact of riparian proprietorship gives no right whatever over such a stream.
CONCLUSION
An easement is a right which the owner or the 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. An easement is the right to use the real property of another without possessing it. Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond. raditionally the permitted 9inds of uses were limited, the most important being rights of way and rights concerning flowing waters. he easement was normally for the benefit of adjoining lands, no matter who the owner was, rather than for the benefit of a specific individual.
Easements fre5uently arise among owners of adjoining parcels of land. Common e,amples of easements include the right of a property owner who has no street front to use a particular segment of a neighborAs land to gain access to the road, as well as the right of a 1unicipal Corporation to run a sewer line across a strip of an ownerAs land, which is fre5uently called a right of way. Easements can be conveyed from one individual to another by will, deed, or contract, which must comply with the (tatute of 3rauds and can be inherited pursuant to the laws of %escent and %istribution. /estrictive easement is a condition placed on land by its owner or by government that in some way limits its use, usually regarding the types of structures which may be built there or what may be done with the ground itself.