Under the Indian Easement Act, 1882, what is an easement?
a) A right to possess a property b) A right to use the property of another for a specific purpose c) A right to sell the property of another d) A right to transfer the property ownership
Answer: b) A right to use the property of another for a specific purpose
Explanation: An easement, as defined under Section 4 of the Indian Easement Act, 1882, is a right that the owner or occupier of a certain land possesses to use the land of another for a specific purpose. Examples include the right of way or the right to water.
Which of the following is not a valid type of easement under the Indian Easement Act, 1882?
a) Easement of necessity b) Easement of prescription c) Easement of ownership d) Easement of support
Answer: c) Easement of ownership
Explanation: The Indian Easement Act, 1882, recognizes easement of necessity, easement of prescription, and easement of support as valid types. However, an “easement of ownership” is not a concept under the Act, as ownership is distinct from the limited right to use someone else’s property.
What is the duration required to establish a prescriptive easement under the Indian Easement Act, 1882?
a) 5 years b) 10 years c) 15 years d) 20 years
Answer: d) 20 years
Explanation: Section 15 of the Indian Easement Act, 1882, states that an easement becomes prescriptive if it has been enjoyed peaceably, openly, and as of right without interruption for a period of 20 years. For government land, the period is 30 years.
Easement rights cannot be acquired by prescription over which of the following?
a) Private property b) Public property c) Government land d) Religious property
Answer: c) Government land
Explanation: According to Section 15 of the Indian Easement Act, 1882, an easement cannot be acquired by prescription over government land unless explicitly permitted. This restriction ensures that public property is preserved for its intended use.
What happens to an easement when the dominant and servient tenements come under a single ownership?
a) Easement is suspended temporarily b) Easement is extinguished c) Easement is transferred to a new owner d) Easement continues as is
Answer: b) Easement is extinguished
Explanation: Under Section 41 of the Indian Easement Act, 1882, if the dominant and servient tenements are united in one ownership, the easement is extinguished as the purpose of such a right ceases to exist.
Under the Indian Easement Act, 1882, who has the right to revoke an easement?
a) Dominant owner b) Servient owner c) Both dominant and servient owners d) None of the above
Answer: b) Servient owner
Explanation: The servient owner has the right to revoke an easement under certain conditions specified in the Indian Easement Act, 1882, such as misuse or a change in the nature of the easement that was granted. However, such revocation is subject to legal scrutiny.
Which of the following is an example of an easement of necessity?
a) Right to build a house on another’s land b) Right of way to access one’s landlocked property c) Right to light and air d) Right to collect firewood
Answer: b) Right of way to access one’s landlocked property
Explanation: Easement of necessity arises when a property is landlocked, and the owner has no access to it except through another’s property. The law mandates granting this right as it is essential for the reasonable enjoyment of the property.
Which Section of the Indian Easement Act, 1882, deals with the extinction of an easement?
a) Section 30 b) Section 41 c) Section 47 d) Section 50
Answer: b) Section 41
Explanation: Section 41 of the Indian Easement Act, 1882, specifies that an easement is extinguished when the dominant and servient tenements are united in one ownership or when the purpose of the easement permanently ceases to exist.
What is a dominant tenement in the context of easement?
a) The property over which an easement is granted b) The property that enjoys the benefit of the easement c) The property owned by the government d) The property used for public purposes
Answer: b) The property that enjoys the benefit of the easement
Explanation: The dominant tenement refers to the property that benefits from the easement, whereas the servient tenement is the property burdened by the easement. This distinction is crucial in understanding the rights and obligations of the respective property owners.
Easement of light and air can be acquired through which method?
a) Necessity b) Agreement c) Prescription d) All of the above
Answer: d) All of the above
Explanation: Easement of light and air can be acquired by necessity if essential for the property’s use, through agreement between property owners, or by prescription if enjoyed without interruption for 20 years, as per the Indian Easement Act, 1882.
Which of the following easements cannot be transferred under the Indian Easement Act, 1882?
a) Easement of necessity b) Easement created by custom c) Easement of light and air d) None of the above
Answer: d) None of the above
Explanation: As per the Indian Easement Act, 1882, easements cannot be transferred independently of the dominant tenement. This is because easement rights are tied to the dominant property and exist only to benefit it.
What does Section 37 of the Indian Easement Act, 1882, deal with?
a) Acquisition of easements b) Suspension of easements c) Extinction of easements d) Transfer of easements
Answer: b) Suspension of easements
Explanation: Section 37 of the Indian Easement Act, 1882, specifies the conditions under which an easement may be suspended. This generally occurs when the enjoyment of the easement becomes impossible or when the dominant tenement temporarily ceases to exist.
What is the difference between a continuous and discontinuous easement?
a) Continuous easement requires human intervention; discontinuous does not b) Continuous easement operates without human intervention; discontinuous requires it c) Both operate without human intervention d) Both require human intervention
Answer: b) Continuous easement operates without human intervention; discontinuous requires it
Explanation: Continuous easements, such as the right to light and air, operate naturally without human action. Discontinuous easements, such as the right of way, require human intervention for their exercise. This distinction is explained in Section 5 of the Act.
Which of the following is an example of a quasi-easement?
a) A person crossing another’s land without permission b) A shared driveway used by two properties under common ownership c) A public road used by all citizens d) A property owner using his own land
Answer: b) A shared driveway used by two properties under common ownership
Explanation: A quasi-easement exists when two properties under common ownership are used in a manner that suggests an easement (e.g., a shared driveway). Upon separation of ownership, the quasi-easement can become an actual easement.
Under the Indian Easement Act, 1882, which of the following acts can terminate an easement?
a) Non-enjoyment for a specific period b) Permanent alteration of the dominant tenement c) Agreement between the parties d) All of the above
Answer: d) All of the above
Explanation: Easements can be terminated by various means, such as non-enjoyment for a continuous period (as per Section 47), permanent alteration making the easement impossible, or mutual agreement between the parties involved.
What does the term “servient tenement” refer to?
a) A property benefitting from the easement b) A property burdened by the easement c) A government-owned property d) A property owned by the dominant owner
Answer: b) A property burdened by the easement
Explanation: The servient tenement is the property over which the easement is exercised. It is “servient” because it bears the burden of the easement for the benefit of the dominant tenement.
Which section of the Indian Easement Act, 1882, covers the easement of necessity?
a) Section 8 b) Section 13 c) Section 25 d) Section 30
Answer: b) Section 13
Explanation: Section 13 of the Indian Easement Act, 1882, deals with easements of necessity. It describes situations where an easement is essential for the reasonable use and enjoyment of a property, such as access to a landlocked parcel of land.
Can an easement be granted for a specific duration under the Indian Easement Act, 1882?
a) Yes, easements can be limited by time b) No, easements are always perpetual c) Only for easements of prescription d) Only for easements of necessity
Answer: a) Yes, easements can be limited by time
Explanation: Easements can be created for a specific duration if specified in the agreement between the parties. They are not necessarily perpetual and can be subject to conditions or time limits.
Who has the burden of proving an easement of prescription?
a) The dominant owner b) The servient owner c) Both parties equally d) The local authority
Answer: a) The dominant owner
Explanation: The burden of proving a prescriptive easement lies with the dominant owner, who must demonstrate that the right has been enjoyed continuously, openly, and without interruption for the statutory period of 20 years (or 30 years for government land).
Under the Indian Easement Act, 1882, what is meant by a “right of way”?
a) A right to build a road on another’s property b) A right to pass over another’s property c) A right to park vehicles on another’s property d) A right to cultivate another’s land
Answer: b) A right to pass over another’s property
Explanation: A “right of way” is a common type of easement that allows the dominant owner to pass over the servient tenement. It is essential for accessing landlocked properties or for convenience.
