By S&S Co. Advocates & Solicitors · Published 28 September 2026 · Informational content, not legal advice. See our disclaimer
What an Easement Is
An easement, under the Indian Easements Act, 1882, is a right that the owner or occupier of one piece of land (the dominant heritage) enjoys over another, neighbouring piece of land (the servient heritage), for the beneficial use of the dominant land: most commonly, a right of way, but also rights to light, air, or to draw or discharge water across a neighbour's property.
Easement by Grant
The most straightforward way an easement arises is by express grant: the owner of the servient land formally agrees, usually by a registered document, to allow the owner of the dominant land a specified right, such as a right of way along a defined path.
Easement of Necessity
An easement of necessity arises without any period of prior use, where a property would otherwise be completely landlocked, without any access to a public road, as a direct consequence of how a larger property was originally divided among different owners. It is based on the necessity created by the division itself, not on a history of actual use.
Prescriptive Easement
A prescriptive easement, under Section 15 of the Act, arises through long use: specifically, peaceable, open and uninterrupted enjoyment of the right for twenty years, ending within two years before the suit in which it is claimed. Each element matters: the use must have been open (not secretive), asserted as of right (not merely with the servient owner's permission), and genuinely uninterrupted for the full period. Permissive use (for instance, a neighbour allowing passage purely as a matter of goodwill) does not ripen into a prescriptive easement no matter how long it continues, unless the user's conduct at some point clearly asserts the right independently of that permission.
Enforcing and Defending Easement Claims
A dominant owner whose easement is obstructed can seek an injunction restraining the obstruction, and, in some cases, a mandatory injunction directing removal of an obstruction already created. A servient owner resisting a claimed easement should scrutinise closely whether the claimant can actually establish each specific element required (particularly the distinction between assertive, as-of-right use and merely permissive use) since this distinction is very often where such disputes are actually won or lost.
Frequently Asked Questions
How long do I need to have used a path across my neighbour's land to claim a right of way?
Generally twenty years of peaceable, open and uninterrupted use, asserted as of right, ending within two years of filing suit, under Section 15 of the Indian Easements Act.
Does an easement of necessity require any particular length of use?
No. An easement of necessity arises where a property is landlocked as a direct result of how it was originally divided, regardless of any period of prior use.
If my neighbour has let me use a shortcut for years out of courtesy, do I now have a legal right to it?
Not automatically: permissive use, granted out of goodwill rather than asserted as a matter of right, generally does not ripen into a prescriptive easement, no matter how long it continues.
What can I do if my neighbour blocks a right of way I've genuinely established?
You can seek an injunction restraining the obstruction, and in appropriate cases a mandatory injunction directing removal of any obstruction already built, provided you can establish the easement's elements.
References & Further Reading
This article references the following statutes and general principles. It is educational content, not advice on any specific property dispute.
- Indian Easements Act, 1882, particularly Sections 4, 13 and 15.
- See our Property & Civil Litigation practice area for further reading.