Indian Easements Act, 1882

The ground-floor flat in a Mumbai chawl has a window that opens onto the neighbour’s compound, and for thirty years light and air have come through it. One day the neighbour starts building a wall two feet from the window. Can he? Elsewhere, a farmer in Raigad has walked across his neighbour’s field to reach the road for as long as anyone remembers. Can the neighbour now lock the gate? The Indian Easements Act 1882 answers both, and it also draws the line between a right over another’s land and a mere permission to be there.

In two minutes

An easement is a right which the owner or occupier of land has, as such, for the beneficial enjoyment of that land, to do or to prevent something in or upon other land not his own; it is acquired by grant, necessity, prescription or custom, is used within limits, is protected by suit and injunction, and ends in the ways listed in Chapter V.

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