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A house owner has a right of way over a neighbour’s land for the beneficial enjoyment of the house. Which of the following primarily governs this right?

Question and options

A house owner has a right of way over a neighbour’s land for the beneficial enjoyment of the house. Which of the following primarily governs this right?

  1. Law of Easement

  2. Right of Passage Act

  3. Contract Act

  4. Law of Torts

Answer and explanation

Correct answer: A - Law of Easement

A house owner’s right of way over a neighbour’s land for the beneficial enjoyment of the house is an easement governed by the Law of Easement, as illustrated in section 4, illustration (a), of the Indian Easements Act, 1882. A public right of passage, general contract law and tort law are distinct from this private land-attached right.

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  • Delhi Judicial Services

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