A, the owner of certain land, dedicates to the public the right to walk over its surface. Under the…
Illustration (e) to section 4 states that the public's right to walk over dedicated land "is not an easement". Under section 4 an easement is possessed by the owner or…
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A, the owner of certain land, dedicates to the public the right to walk over its surface. Under the Indian Easements Act, 1882, the right of the public to walk over the land is:
Answer and explanation
Correct answer B
Illustration (e) to section 4 states that the public's right to walk over dedicated land "is not an easement". Under section 4 an easement is possessed by the owner or occupier of certain land as such, for the beneficial enjoyment of that land, so a right held by the public at large, with no dominant heritage, falls outside the definition. A customary easement under section 18 also needs a dominant heritage.