Under section 4 of the Indian Easements Act, 1882, which land is the dominant heritage?
Section 4 distinguishes the land benefited by the easement, the dominant heritage, from the land on which the liability is imposed, the servient heritage. Authority. Indian…
Choose your answer
Under section 4 of the Indian Easements Act, 1882, which land is the dominant heritage?
Answer and explanation
Correct answer A
Section 4 distinguishes the land benefited by the easement, the dominant heritage, from the land on which the liability is imposed, the servient heritage.
Authority. Indian Easements Act, 1882, section 4.
Option feedback
Option A
Section 4 calls the land whose beneficial enjoyment the right serves the dominant heritage.
Option B
The land on which the liability is imposed is the servient heritage.
Option C
Contiguity alone is not the test. The parcel must benefit from the easement in the statutory sense.
Option D
Naming a parcel in the instrument does not establish that the easement exists for its beneficial enjoyment.
Practice for these exams
-
Rajasthan Judicial Services