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A period of non-use is evidence, but not conclusive evidence, that an easement has been abandoned. The circumstances of each individual case will contribute to the decision and factors showing that the non-user implies abandonment must be evident.
There are two types of easements: affirmative and negative. An affirmative easement gives the easement holder the right to do something on the grantor of the easement's land, such as travel on a road through the grantor's land.
The concept of easement has been defined under Section 4 of The Indian Easements Act, 1882. According to the provisions of Section 4, an easementary right is a right possessed by the owner or occupier of the land on some other land, not his own, the purpose of which is to provide the beneficial enjoyment of the land.
A short form agreement granting an easement interest in real property for the benefit of another parcel of real property. This form of easement agreement is a jurisdictionally neutral multistate template that can be used in all jurisdictions.
To claim easement, the plaintiff must admit the title of the defendant over the property. If the plaintiff claims easementary right that must be proved by sufficient evidence by the plaintiff.