Rights of Easement and License

Rights of easement and license
Introduction:
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.
License is a personal right granted to a person to do or continue to do in or upon the
immovable property of the grantor something which would in the absence of such right be
unlawful, and such right does not amount to an easement or an interest in the property, such a
right is called as a license. By definition, an easement is an interest in land that lasts either
indefinitely or for some specified period of time. A license, on the other hand, is permission to
use land that can be revoked at any time. Because both easements and licenses involve the use of
another person's land, they can look similar.
Statement of problem:
It is inevitable in a civil society where people undergo mutual coexistence to aid each other’s
convenience in an amicable manner. In such regard, the concept of easementary allows the
owner of a property(servient tenament) to benefit the dominant tenement. However, there is
some gap present in this concept where one party violates the easementary right of the other or
the dominant tenement himself misuses the right endowed to him.
Research objectives:
 This research paper will examine license under easement act
 The research will discuss about the difference between easement and license
 By this research the researcher will analyze in easement who is liable for an accident
 This research will also discuss with the rights of a easement holder
 This research will present the license under section 52 of Indian easement act, 1882
Hypothesis:
The essential outcome of this research work shall be to provide ways under which one can
refrain or prevent themselves from the violation of easementary rights. Probably, one of the ways
can be to make diligent attention while drafting the contract for easementary right (i.e) the terms
and conditions must be unambiguous so that it is not misinterpreted or misused
Research question:
 What is the difference between easement and license?
 What is license under easement act?
 What rights does an easement holder have?
 Who is liable for an accident on an easement?
Research methodology:
This research paper will be based on comparative study and there will certain comparative
analysis in the case which will supported by primary and secondary sources of references to
support the area of research and also with the review of literature.
Review of literature:
 Ronligoger, Violation of Easementary Rights, Legalservicesindia.com (2021),
http://www.legalservicesindia.com/article/1444/Violation-of-Easementary-
Rights.html (last visited Feb 26, 2021).
This article basically covered areas of the violation of easementary rights and
the different redressal methoda for it. From this article, the researcher could extract the
practical manner in which easementary rights are violated.
 Shikhar Shrivatsava, Law of Easement - Law Times Journal Law Times Journal
(2021), http://lawtimesjournal.in/law-of-easement/ (last visited Feb 26, 2021).
This article dealt with the different ypes of easement such as continuous,
non-continuous, apparent and on-apparent easement. Also, the article elaborates the
impositions of easement and how it is often being infringed. Thus the reasearcher
could get a multi dimensional view on the violation of easementary rights.
 Pooja Kumar, An Overview: Law of Easements in India - iPleaders (2021),
https://blog.ipleaders.in/an-overview-law-of-easements-in-india/amp/ (last visited
Feb 26, 2021).
This article written by Pooja Kumar covers the essential elements of
easementary rights and the types in it such as the right to way, right to light etc. From
the article, the researcher obtained the basic concepts that are quintessential for this
research project.
 Definition of License and Granting of License By Yamini Rajora, National Law
University, Jodhpur
The usage of license to signify a transaction is widely used by laymen, who rarely
think in terms of jural relations. In the following study, the author has made an
attempt to explain the meaning of license and how a license is granted in India.
Moreover, it is important to have an understanding of the difference between a
lease (that is a tenancy), easement and a license under general law so that one
knows what one is dealing with in any particular case. Therefore, the author has
also sought to draw a line between these concepts.

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