Question

LEGAL PRINCIPLE:
(1) An unlawful intrusion, which interferes with one's person or property constitutes trespass.
(2) An easement is the right to use another person's land for a stated purpose and has been in use of quite some time. It can involve a general or specific portion of the property.

FACTUAL SITUATION: Vijay wanted to construct a shed on his window to stop the water from leaking to his house. The shed was constructed but it protruded in Namit's house. Vijay claims it is his easementary right, Will Vijay's claim succeed?

DECIDE.

• A. Yes, because he has a reason to do the same.
• B. Yes, because right of easement exists.
• C. No, because there exists no right of easement.
• D. No, because this is encroachment on Namit's property.

Answer 1

Answer: (B)

Yes, because right of easement exists.

• The Indian Easements Act, 1882 allows various rights to easement on the basis of necessity under Section 13. In the case of Bhagavatulu Subramania Sastri v Bhagavatulu Lakshminarasimham the Court had held that the defendant was allowed to go to the premises of the neighbour for the purpose of repairing her wall on the side of the neighbour's house.
  
• Similarly, Vijay could use his neighbour's premise to a small extent as it is necessary to build a shed to stop leakage of water into his house.