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Easement" defined. Previous Next. An easement is a right which the owner or occupier of 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 other land not his own ...
India Code: Section Details. Easements are either continuous or discontinuous, apparent or non-apparent.
An easement in gross is a right allowing an individual or an entity to use someone else's land/property. An easement in gross agreement benefits the property owner as an individual, not the property. An easement holder will be unable to transfer the benefits to another party.
For example, if Will owns 100 acres of land and grants 20 acres of that land to his son, Steve, that acreage has no road access. Steve would be able to claim an easement by necessity across Will's property to access the road.
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.