India: A Glance Over The Easementary Rights

India is a complex country, with a long and deep history in terms of culture, traditions, and customs. It is an amalgamation of different religions, beliefs, and practices. As such, there are many aspects to consider when talking about the rights of individuals within India. One such aspect is the easementary rights which give certain individuals certain privileges over the use of public land. In this blog post, we will be taking a glance over these Indian-specific easementary rights to understand their importance and implications better.

What are easementary rights?

In India, the term “easement” is used to describe a right that one person has to use the land of another for a particular purpose. The most common easements are for rights of way, which allow people to pass over someone else’s land to reach their own property. Other easements include rights to drain water, light, and air.

Easements are created by express agreement between the parties, or by prescription (if the easement has been used for a certain period of time). An easement may be extinguished by merger (if the owner of the servient land also owns the dominant land), by release (if the owner of the servient land agrees to give up the easement), or by forfeiture (if the holder of the easement violates certain conditions).

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There are two types of easements in India: positive and negative. Positive easements entitle the holder to do something on or over the servient land, while negative easements place a restriction on how the servient land can be used. For example, a positive easement might give someone the right to build a fence on another person’s land, while a negative easement would prohibit them from doing so.

Easements are an important part of Indian property law and are essential for ensuring that people can make full use of their land.

The case of India

In India, the right to water is not recognized as a fundamental right. However, the Indian Constitution does guarantee the right to life, which has been interpreted by the Supreme Court of India to include the right to water. In addition, several Indian states have enacted legislation that recognizes the right to water.

The debate over whether the right to water should be considered a fundamental right in India is ongoing. Some argue that the Constitution already provides for the right to water indirectly through the right to life. Others contend that recognizing the right to water would help ensure that all Indians have access to clean and safe water.

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The case of India highlights the importance of considering both the legal and practical implications of recognizing a new fundamental right. On one hand, doing so could help ensure that all Indians have access to clean and safe water. On the other hand, it could create difficulties in implementation and enforcement.


The impact of the judgment

The judgment of the Hon’ble Supreme Court in the case of Ishwar Singh v. State of Haryana is a landmark judgment which has far-reaching consequences not only for the real estate industry but also for other industries as well. The court held that an owner of land is entitled to extract water from an aquifer beneath his land and sell it, provided that he does so without causing any damage to the surrounding properties. This judgment is likely to have a positive impact on the real estate industry as it will encourage landowners to develop their land and make use of its natural resources. In addition, this judgment will also help to protect the environment by preventing groundwater depletion.

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What next?

After independence, the Indian government has taken several steps to ensure the protection of property rights. The Constitution of India provides for the right to property as a Fundamental Right. In addition, the government has enacted various laws and regulations to further protect the rights of property owners.

However, there are still some areas where property rights are not adequately protected. For instance, there is no clear law on forced evictions in India. This means that if your landlord wants to evict you from your home, they can do so without any legal consequences. As a result, many people are living in fear of being forcibly evicted from their homes.

In addition, there is also no clear law on tenancy rights in India. This means that landlords can evict tenants without any notice or reason. As a result, many tenants are living in fear of being evicted from their homes at any time.

The Indian government needs to take steps to better protect the rights of property owners and tenants. Only then will people feel secure in their homes and properties.


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