Table of Contents
What is Easmentry Right Granting Of Way?
An easement is a right which the owner of a property has to compel the owner of another property to allow something to be done, or to refrain from doing something on the survient element for the benefit of the dominant tenement. For example – the right of way, right to light, right to air etc. An Easmentry Right Granting Of Way is almost like a privilege, depriving which the owner of one tenement has a right to enjoy regarding that tenement in or over the tenement of another person, by reason of which the latter is obliged to suffer or abstain from doing something on his own tenement for the advantage of the former. Easementary rights must possess the following essentials:
- Dominant and survient tenement
- Easement should accommodate the dominant tenement
- Easmentry Right Granting Of Way rights must be possessed for the beneficial enjoyment of the dominant tenement.
- Dominant and survient owners must be different persons.
- The easementary rights should entitle the dominant owners to do and continue to do something or to prevent and continue to prevent something being done, or in respect of, the survient tenement; and
- The something must be of a certain or well-defined character and be capable of forming the subject matter of a grant.
FAQ’s for Easmentry Right Granting Of Way
Q1. What are the essentials of the right of easement?
Ans – For the enjoyment of right of easement, necessary existence of two properties i.e dominant and servient heritage is a must. This is because as per the definition, it is the right exercised by the owner or occupier of one land for enjoying the benefit of his/her land, over the land of some other person.
Q2. What is right of easement by way of prescription?
Ans -Prescription shows the effect of time constraints on creating some new rights and then destroying the old rights. The term by prescription means that the acquisition of a title or a right by the owner of the property in the manner prescribed by law.
Q3. Who can claim easement right?
Ans- An easement may be acquired by the owner of the immovable property for the beneficial enjoyment of which the right is created, or on his behalf, by any person in possession of the same.
EASMENTRY RIGHT GRANTING OF WAY SAMPLE FORMAT
This Deed is made on this_________dayof___________between
Sh.______________________________________,
s/o Sh.___________________________________,
r/o ______________________________________
hereinafter called “the grantor” (which expression shall unless contrary to the context or meaning there of include his successors , executors, administrators and assigns) and
Sh._______________________________________,
s/o Sh._____________________________________
r/o ________________________________________
hereinafter called “the grantee”(which expression shall unless contrary to the context or meaning thereof include his successors, executors, administrators, and assigns).
Whereas
(1) The grantor being owner and possession of plot of land situated at ______________________________ and as per entry No. ________________________________ in Municipal Registers and as delineated on the annexed plan and coloured blue (more specific description of the property may be given here or may be annexed as a Schedule).
(2) The grantee being owner and in possession of plot of land situated at ________________________ and as per entry No. __________________________ in Municipal Registers and as delineated on the annexed plan and coloured yellow (more specific description of the property may be given here or may be annexed as a Schedule).
(3) The grantor and the grantee has consented that the grantor, in consideration of the sum of Rs. _____________, will grant to the grantee such right of way as is stated hereinafter:
Now This Deed Witnesses as Under:
That in consideration of a sum of Rs. ______________ paid by the grantee to the grantor (which receipt is acknowledged by the grantor), the grantor hereby grants to the grantee full rights /liberty for him and heirs in title, for the time being of the land coloured yellow shown as passage, and his or their tenants, servants, visitors and all other persons authorized by him or them, in common with the grantor and others having the same right, at all times hereafter, to pass and re-pass with or without horses, cattle or other animals, carts, carriages or other vehicles laden or unladed of any description on or over the land coloured blue along a _______ feet wide path between the points marked A and B on the said plan, which has been shown on the said plan by dotted lines, for all purposes so far as related with the use and enjoyment of the land coloured yellow but not for any other purpose whatsoever, To hold the said right of way unto the grantee.
In Witness Whereof, the parties hereunto have signed this ________ day of _________.
Witness:
Note: If the description of the property has been given here by way of Schedule, the same may be annexed to this deed along with the plan.
