Under section 4 of the Indian Easements Act, 1882, which land is the dominant heritage?
Section 4 identifies the dominant heritage by the benefit of the easement and the servient heritage by its burden. Proximity or common ownership alone does not establish the…
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Under section 4 of the Indian Easements Act, 1882, which land is the dominant heritage?
Answer and explanation
Correct answer A
Section 4 identifies the dominant heritage by the benefit of the easement and the servient heritage by its burden. Proximity or common ownership alone does not establish the necessary benefit.
Option feedback
Option A
Section 4 calls the land benefited by the easement the dominant heritage.
Option B
The land carrying the burden is the servient heritage.
Option C
Neighbouring land qualifies only if the easement exists for its beneficial enjoyment.
Option D
The definition turns on which land the easement benefits. Other land in common ownership does not qualify on that fact alone.
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Rajasthan Judicial Services