- Which of the following conditions is required to establish an easement by prescription under the Indian Easement Act, 1882?
a) Enjoyment must be secret and concealed
b) Enjoyment must be permissive
c) Enjoyment must be as of right and without interruption
d) Enjoyment must be under government authority
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Answer: c) Enjoyment must be as of right and without interruption
Explanation: Section 15 of the Indian Easement Act, 1882, specifies that to establish an easement by prescription, the enjoyment of the right must be open, peaceable, continuous, and without interruption for the statutory period, and must not be permissive or concealed.
- An easement is extinguished by non-use under the Indian Easement Act, 1882, after how many years?
a) 10 years
b) 20 years
c) 15 years
d) 30 years
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Answer: b) 20 years
Explanation: According to Section 47 of the Indian Easement Act, 1882, an easement is extinguished if it is not used by the dominant owner for a continuous period of 20 years. The non-use must be intentional and not due to any physical or legal impediment.
- Which of the following is a “positive easement” under the Indian Easement Act, 1882?
a) Right to prevent the use of another’s property
b) Right to discharge water onto another’s land
c) Right to prevent light from reaching another’s property
d) Right to restrict entry to another’s property
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Answer: b) Right to discharge water onto another’s land
Explanation: A positive easement allows the dominant owner to do something on the servient tenement, such as discharging water. In contrast, a negative easement prevents the servient owner from doing something, such as obstructing light or air.
- Which type of easement arises from longstanding custom or usage?
a) Easement by necessity
b) Easement by prescription
c) Customary easement
d) Conditional easement
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Answer: c) Customary easement
Explanation: A customary easement arises out of long-standing customs or usage in a particular locality. It is recognized by law even without a formal agreement and operates under the provisions of the Indian Easement Act, 1882.
- Which section of the Indian Easement Act, 1882, defines the term “easement”?
a) Section 4
b) Section 5
c) Section 6
d) Section 7
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Answer: a) Section 4
Explanation: Section 4 of the Indian Easement Act, 1882, defines an easement as a right enjoyed by the owner or occupier of a land (the dominant tenement) over the land of another (the servient tenement) for a specific purpose.
- What is an “accessory easement”?
a) A right that is necessary for the full enjoyment of another easement
b) A right that restricts all activities on the servient tenement
c) A right to occupy the servient tenement permanently
d) A right that can be transferred independently
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Answer: a) A right that is necessary for the full enjoyment of another easement
Explanation: An accessory easement is a subordinate right that is essential for the complete and effective use of a primary easement. For example, the right to repair a drainage system may be an accessory to the easement of drainage.
- Under the Indian Easement Act, 1882, when does an easement become enforceable after being created?
a) Immediately upon registration
b) When it is used for the first time
c) When it is necessary for the dominant tenement
d) When it is accepted by both parties
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Answer: b) When it is used for the first time
Explanation: As per Section 10 of the Indian Easement Act, 1882, an easement becomes enforceable only after it is first exercised. This ensures the right is actively put into use rather than existing as a theoretical claim.
- What is the meaning of a “quasi-dominant tenement”?
a) A tenement that cannot claim easement rights
b) A tenement under a temporary owner
c) A property benefiting from a quasi-easement
d) A public property
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Answer: c) A property benefiting from a quasi-easement
Explanation: A quasi-dominant tenement is a property that enjoys certain rights over another property under common ownership. Upon separation of ownership, the quasi-dominant tenement may claim full easement rights over the quasi-servient tenement.
- Which of the following is NOT a ground for the extinction of an easement under the Indian Easement Act, 1882?
a) Non-use for 20 years
b) Destruction of the servient tenement
c) Agreement between the parties
d) Sale of the servient tenement
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Answer: d) Sale of the servient tenement
Explanation: The sale of the servient tenement does not extinguish an easement. The easement passes along with the property unless explicitly stated otherwise. Extinction occurs due to non-use, destruction of the servient tenement, or agreement.
- Under the Indian Easement Act, 1882, which term refers to the period during which the easement is legally protected but has not yet been exercised?
a) Prescriptive period
b) Inchoate easement
c) Conditional easement
d) Provisional easement
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Answer: b) Inchoate easement
Explanation: An inchoate easement refers to a right that has been legally recognized but has not yet been exercised. It remains dormant until the first instance of use.
- What is a “dominant heritage” as defined in the Indian Easement Act, 1882?
a) The land over which an easement is exercised
b) The land that benefits from an easement
c) Any property under dispute
d) A property owned jointly by multiple owners
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Answer: b) The land that benefits from an easement
Explanation: The dominant heritage (or dominant tenement) is the land for whose beneficial enjoyment the easement exists. It is contrasted with the servient heritage, which bears the burden of the easement.
- Under which section does the Indian Easement Act, 1882, define “customary easement”?
a) Section 15
b) Section 18
c) Section 12
d) Section 20
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Answer: b) Section 18
Explanation: Section 18 of the Indian Easement Act, 1882, states that customary easements are rights established through long-standing customs or practices in a locality. These are not necessarily tied to ownership of land but arise from consistent usage over time.
- What happens to an easement if the purpose for which it was created ceases to exist?
a) It is suspended temporarily
b) It is extinguished permanently
c) It is transferred to another purpose
d) It remains valid unless revoked by the servient owner
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Answer: b) It is extinguished permanently
Explanation: As per Section 44 of the Indian Easement Act, 1882, an easement is extinguished when the purpose for which it was created permanently ceases to exist. This ensures the right serves only its intended utility.
- Can a tenant claim an easement right over the landlord’s property?
a) Yes, if the easement is necessary for enjoyment of the leased property
b) No, tenants cannot claim easement rights
c) Only with a written agreement
d) Yes, but only for public property
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Answer: a) Yes, if the easement is necessary for enjoyment of the leased property
Explanation: A tenant can claim an easement right if it is necessary for the reasonable enjoyment of the leased property, such as access to the premises. This is provided under the Indian Easement Act, 1882.
- What is the meaning of “license” under the Indian Easement Act, 1882?
a) A permanent right over someone’s property
b) A temporary right to use someone’s property without transfer of interest
c) A mandatory obligation imposed by law
d) A transfer of ownership
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Answer: b) A temporary right to use someone’s property without transfer of interest
Explanation: A license, as defined in Section 52 of the Indian Easement Act, 1882, is a right granted to a person to do something on another’s property that would otherwise be unlawful. It is a temporary and revocable right without creating any ownership or interest.
- What is the difference between an easement and a license under the Indian Easement Act, 1882?
a) Easements are revocable; licenses are not
b) Licenses transfer interest in property; easements do not
c) Easements are permanent rights; licenses are temporary permissions
d) Easements are personal rights; licenses are attached to land
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Answer: c) Easements are permanent rights; licenses are temporary permissions
Explanation: Easements create permanent and transferable rights attached to the dominant tenement, whereas licenses are temporary, personal permissions that do not transfer any interest in the property.
- Under the Indian Easement Act, 1882, what is the “servient owner”?
a) The person who owns the dominant tenement
b) The person who grants the easement
c) The person who owns the servient tenement
d) The person who has a license to use property
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Answer: c) The person who owns the servient tenement
Explanation: The servient owner is the individual who owns the property (servient tenement) over which an easement is granted. They are responsible for ensuring the easement is respected by others.
- Can an easement be created orally under the Indian Easement Act, 1882?
a) Yes, if it is for a temporary purpose
b) No, it must be created in writing
c) Only if the servient owner consents in writing
d) Yes, easements can be created orally if the intent is clear
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Answer: d) Yes, easements can be created orally if the intent is clear
Explanation: Easements can be created orally or in writing, provided the intention of the parties to establish such a right is evident. However, for legal enforceability, it is preferable to document the agreement in writing.
- Which of the following is NOT a requirement for an easement of prescription under the Indian Easement Act, 1882?
a) Open and peaceful enjoyment
b) Without the servient owner’s permission
c) Continuous use for 20 years
d) Legal registration of the easement
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Answer: d) Legal registration of the easement
Explanation: Easements by prescription do not require registration. They are established through continuous, open, and uninterrupted use for the statutory period as per Section 15 of the Act.
- Which of the following is a valid example of a negative easement?
a) Right of way
b) Right to prevent construction that blocks light
c) Right to water from another’s property
d) Right to discharge waste on another’s property
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Answer: b) Right to prevent construction that blocks light
Explanation: A negative easement restricts the servient owner from performing an act, such as constructing a structure that blocks the dominant owner’s access to light or air.
