Types of Easements
| Type | Description | Example |
|---|---|---|
| Right of Way | Right to pass through another's property to reach road or destination | Landlocked plot using neighbour's path to reach the highway |
| Right of Light & Air | Right to receive natural light and air from a neighbouring property | Building cannot be constructed to block an existing window's light |
| Right to Draw Water | Right to draw water from a well or tank on another's property | Adjacent landowner allowed to draw from common well |
| Right of Support | Right to have one's land or building supported by the neighbour's land/structure | Shared wall providing structural support to both buildings |
| Right of Drainage | Right to drain water across another's property | Storm water flowing through lower-lying neighbour's land |
Easement by Prescription — The 20-Year Rule
Under the Indian Easements Act, if a person has been using a right (like a pathway through a neighbour's land) openly, continuously, and without the owner's permission for 20+ years, they may claim an easement by prescription. This can be legally established even without any written document — making undisclosed easements a real risk in older properties.
Check for easements before buying: Easements may not appear in EC or title documents — especially easements by prescription or necessity. Physically inspect the property — check if neighbours or third parties are using any pathway, water source, or passage through the plot. Ask the seller explicitly if any easement rights exist or have been claimed. Include an easement warranty in the sale agreement.
Related Terms
Frequently Asked Questions
An easement is a legal right to use another person's property for a specific purpose — most commonly a right of way (right to pass through). Easements are governed by the Indian Easements Act 1882 and run with the land — binding all future owners. They can be acquired by express grant, necessity, or prescription (20+ years continuous use).
Right of way is the most common easement — it grants the holder the right to pass through another person's property to reach a road, water source, or other destination. It is most relevant when a property is landlocked (surrounded by other properties with no direct road access). The landlocked owner can claim a right of way by necessity through adjoining land.
Yes. The property burdened by an easement (servient property) typically has reduced value — the owner cannot use that portion freely and must allow the easement holder access. The property benefiting from an easement (dominant property) has its value supported — especially if the easement provides essential access. Easements must be disclosed in sale agreements.
Check: (1) Title search and EC — registered easements may appear, (2) Physical inspection of property boundaries — look for paths, drainage channels, or pipes crossing the property, (3) Ask seller explicitly about any easement rights claimed or exercised, (4) Talk to neighbours — they may know of historical usage, (5) Include an explicit easement warranty in the sale agreement — seller declares no undisclosed easements exist.
Easement by prescription is acquired through long, open, continuous, and uninterrupted use of a right over another's land for 20+ years without the owner's permission. After 20 years, the user can claim a legal easement right even without any written document. This means undisclosed easements can exist on older properties — making physical inspection and neighbourhood inquiry essential due diligence.