Law: Easements Act (V of 1882)

Section: 13, 46

(a) Easement Extinction of right of-Easement extinguished the moment same person becomes entitled to absolute ownership of whole of domi nant and servient heritage-Easements Act (V of 1882), S. 46. (b) Easements Act (V of 1882) S. 13-Easement of necessity-Easement of necessity is not allowed for reasons of convenience-Easement of passage-Other alternative route available-Such route although highly inconvenient cannot sustain a claim for passage through another's property. Ahmad Ali Fakhruddin Bohra v. Dhondba Dasrath Kalar A I R 1937 Nag; 179 and Safar Ali v. Abdul Hashim and another P L D 1963 Dacca 20L ref. (c) Easements Act (V of 1882)  S. 13-Easement of necessity-Right of way-No easement without animus-Mere passage by licence would not entitle claimant to right of easement. There can be no easement without animus and a mere passage by licence would not entitle the claimant to the right of easement unless he can prove that he has been doing act as of right. A prescriptive right of way cannot be acquired by mere enjoyment for the statutory period. The enjoyment must be as of right, i.e., not attribut able to permission, implied or express. The mere fact that one person walks over the land of another does not raise any presumption that he has a right to do so. Numerous people pass over the lands of their neighbors, friends and relations with their tacit permission. Such user, though continu ous, and long, is seldom understood as being in assertion of any right. In a suit for prescriptive right of way the plaintiff must show that his user was such as was sufficient to put the servient owners on notice that the enjoyment was not attributable to his tacit permission or favour. Whether the enjoyment was as of right or attributable to tacit permis sion, may be difficult to determine in many cases; but, however great the difficulty is, it cannot be resolved by drawing a presumption in favour of the dominant owner, on whom lies the burden to establish his right. Whe ther the enjoyment was had as of right, is to be inferred from the circum stances of each particular case, and it is the duty of the dominant owner to prove facts which will justify such an…