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Easement Lease licenceSection 4 of the Indian

Easements Act, 1882;

easement is defned as

right which the owner or

the occupier o certainland possesses, as such,

or the benefcial

enjoyment o 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 o

certain other land not his

own

Section 105 of the

Transfer of Property

Act, 1882

A lease o immovable

property is a transer o aright to enjoy such

property, made or a

certain time, express or

implied, or in perpetuity,

in consideration o a price

paid or promised, or o

money, a share o crops,

service or any other thing

o value, to be rendered

periodically or on specifed

occasions to the transeror

by the transeree, who

accepts the transer on

such terms.

Section 52 of Indian

Easements Act, 1882

defnes Licence as under:

!here one person grants

to another, or to a defnitenumber o other persons,

a right to do or continue to

do, in or upon immovable

property o the grantor,

something which would, in

the absence o such

rights, be unlawul, and

such right does not

amount to an easement or

an interest in the

property, the right is

called a licence

!ominant estate

Ser"ient estate

"he transeror is called the

lessor, the transeree is

called the lessee, the price

is called the premium, and

the money, share, serviceor other thing to be so

rendered is called the

rent.

Licensor

lisencee

an easement is

ac#$ired either %y

asserti"e en&oyment %y

the dominant o'ner or

%y a ne(ati"e co"enant

%et'een the parties or

%y (rant or %y stat$te)

"he lessee is given the

exclusive possession o

the leased property

"he licensee is given a

mere permissive right to

use and occupy the

licensed property or a

period o time#

expressly$impliedly.A ri(ht of easement is

not re"oca%le at the

'ill of the (rantor

%ot revocable

license is so revocableeasement is a ri(ht

appertainin( to

property and can %e

assi(ned 'ith the

&t is a transerable

right i)e),i the lessor

sells the leased property

to any third party during

&t is only a personal

right i)e., i the licensor

sells the licensed property

to any third party the

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property to 'hich it is

anne*ed)ri(ht in rem

and is enforcea%le %y

all and a(ainst all

the continuance o the

lease the purchaser is

bound by the existing

lease deed

leave and license

agreement 'i any(

automatically gets

terminated. right in

personam and thereore,

not so enorceable& the lessor has to enter

the leased premises or

any inspection or repairs,

he can only ater giving a

prior notice and obtaining

the prior approval rom

the lessee

"he licensor is ree to

enter his licensed

premises at any point o

time