Judicial Dictionary - E

Judicial Dictionary


Legislative Dictionary


Easement

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CategoryE
TitleEasement
DetailsA right enjoyed by the owner of land to a benefit from other land.

Evidence led to establish easement right by grant cannot be utilized for founding a right of easement by prescription. [Abdul Gaffar Vs. Abdul Sattar, (1959) 11 DLR 97]

See also, Siddiq Ahmed vs. Abdul Hamid (1957) 9 DLR 262.

‘Easement’ is a right which the owner or occupier or 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 lands, not his own.[Section 4 of the Easement Act, 1882]

‘Easement’ includes a right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another or anything growing in, or attached to or subsisting upon, the land f another.[Section 2(5) of the Limitation Act, 1908]
Created OnApril 23, 2011, 9:14 AM
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