Why in the news?

The Supreme Court observed that a claimant of an Easementary Right cannot claim an Easement by necessity if there exists an alternative way to access the property owned by the claimant, known as the ‘Dominant Heritage‘.
- The court referred to Section 13 of the Indian Easements Act, of 1882, which deals with easementary rights by necessity.

What is Easement Right?

An Easement is a legal right to use someone else’s property for a specific purpose without possessing it.
Essentially, it’s a permission or privilege granted by the owner of one property (the servient land) to someone else (the dominant land) to use the servient land in a particular way.

Section 13 of the Indian Easements Act, 1882, serves as the cornerstone in adjudicating easementary rights disputes.
It mandates that such rights can only be claimed if no alternative access to the Dominant Heritage exists, providing clarity in legal proceedings.
Understanding terms like ‘Dominant Heritage’ (represents the property for enjoyment) and ‘Servient Heritage‘ (property over which rights are sought) is crucial in comprehending easementary rights disputes.

Definition of Easements: The law defines what an easement is and the different types, like rights of way (to pass through someone’s land), rights to light and air, and rights to use water.
Acquisition of Easements: It explains how easements can be created. For example, by agreement between the parties or through long-time use.
Rights and Liabilities: It outlines the rights and responsibilities of both the person who has the easement (the beneficiary) and the person who owns the land over which the easement exists (the servient owner). For instance, the beneficiary must not do anything to increase the burden of the easement, and the servient owner must not obstruct the use of the easement.
Termination of Easements: It describes the circumstances under which an easement can come to an end. For example, if the purpose for which the easement was created ceases to exist, or if the beneficiary expressly gives up their right.
Customary Easements: It recognizes certain easements that arise due to local customs or traditions.

	Fundamental Rights	Legal Rights
Source	Enshrined in the Indian Constitution, specifically *Part III*	Derived from various sources such as Legislation, contracts, Judicial decisions, etc.
Enforcement	Directly enforceable against the state through constitutional remedies like writ petitions under *Article 32*	Enforceable through the legal system, but may vary in enforceability depending on the nature of the right and available legal mechanisms
Scope	Typically includes rights essential for the Protection of Individual Liberty, Equality, and dignity, such as the Right to Equality, Freedom of Speech, Right to Life and Personal Liberty, etc.	Encompasses a wide range of rights recognized by law, including Property Rights, Contractual Rights, Tort Rights, Family Law Rights, Labor Rights, Consumer Rights, etc.
Nature	Paramount and inviolable, subject to limited exceptions as prescribed by the Constitution	Subject to limitations or restrictions imposed by law, and may be subject to changes or modifications through Legislative action or Judicial Interpretation
Examples	Right to Equality, Right to Freedom of Speech, Right to Life and Personal Liberty, etc.	Right to Property, Right to Contract, Right to sue for damages, Right to Vote, etc.

[2018] What is the position of Right to Property in India?

(a) Legal right available to citizens only.

(b) Legal right available to Persons only.

(d) Neither Fundamental Right nor Legal Right