- Under the Indian Easement Act, 1882, which type of easement is essential for accessing a landlocked property?
a) Easement by prescription
b) Easement of necessity
c) Customary easement
d) Easement by agreement
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Answer: b) Easement of necessity
Explanation: Easements of necessity arise when a property is landlocked and access to it is essential. These easements exist to ensure the dominant tenement can be reasonably used and enjoyed.
- Which section of the Indian Easement Act, 1882, governs the revocation of a license?
a) Section 60
b) Section 50
c) Section 45
d) Section 62
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Answer: a) Section 60
Explanation: Section 60 of the Indian Easement Act, 1882, deals with the revocation of a license. It states that a license can be revoked at the will of the grantor, except in cases where the licensee has made significant improvements relying on the license.
- Can an easement be acquired over government-owned land under the Indian Easement Act, 1882?
a) Yes, always
b) No, never
c) Yes, through prescription if used for 30 years
d) Only with explicit government permission
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Answer: c) Yes, through prescription if used for 30 years
Explanation: An easement can be acquired over government-owned land by prescription if the right has been openly and continuously enjoyed for a period of 30 years, as stated in Section 15 of the Act.
- What is a “partial release” of an easement under the Indian Easement Act, 1882?
a) Granting the easement temporarily to another person
b) Revoking the easement partially for specific purposes
c) Surrendering a part of the easement by the dominant owner
d) Limiting the easement to a smaller area
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Answer: c) Surrendering a part of the easement by the dominant owner
Explanation: A partial release occurs when the dominant owner voluntarily gives up a portion of their easement rights, either through agreement or by not exercising those rights over a specific part of the servient tenement.
- When does an easement right transfer with the dominant tenement?
a) Automatically, without express mention
b) Only if mentioned in the sale agreement
c) If the servient owner agrees
d) It cannot transfer with the dominant tenement
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Answer: a) Automatically, without express mention
Explanation: Easement rights are inseparably attached to the dominant tenement and transfer automatically with it when the dominant tenement is sold, leased, or otherwise transferred, as per Section 8 of the Act.
- Which of the following is NOT an easement under the Indian Easement Act, 1882?
a) Right to privacy
b) Right to access light and air
c) Right of way
d) Right to receive water
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Answer: a) Right to privacy
Explanation: The right to privacy is not classified as an easement under the Indian Easement Act, 1882. Easements typically involve rights that affect the physical use of a property, such as access, light, air, or water.
- What is the significance of Section 19 in the Indian Easement Act, 1882?
a) It defines easements by prescription
b) It outlines the incidents of easements
c) It explains how easements are transferred
d) It governs licenses
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Answer: b) It outlines the incidents of easements
Explanation: Section 19 of the Indian Easement Act, 1882, explains the general incidents of easements, such as the right to do all things necessary to fully enjoy the easement and the duty of the servient owner to avoid interference.
- Which section of the Indian Easement Act, 1882, deals with the extinction of easements?
a) Section 36
b) Section 44
c) Section 46
d) Section 50
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Answer: b) Section 44
Explanation: Section 44 of the Indian Easement Act, 1882, specifies the conditions under which an easement may be extinguished, such as the destruction of the dominant or servient tenement, release by the dominant owner, or cessation of the purpose.
- Which of the following is a “contingent easement”?
a) A right of way established by continuous use
b) A right that arises upon the occurrence of a specific event
c) A right that applies only during a particular season
d) A right that is exercised only with permission
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Answer: b) A right that arises upon the occurrence of a specific event
Explanation: A contingent easement is a right that becomes effective only when a specific condition or event occurs. For example, the right to water from a canal that is operational only during certain periods.
- Under the Indian Easement Act, 1882, can an easement be extinguished if the servient owner destroys the servient tenement?
a) Yes, in all cases
b) No, it continues regardless of destruction
c) Yes, but only if the destruction is permanent and absolute
d) Only if the dominant owner agrees
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Answer: c) Yes, but only if the destruction is permanent and absolute
Explanation: An easement is extinguished if the servient tenement is permanently destroyed, making it impossible to exercise the easement. Temporary destruction does not extinguish the right.
- Under the Indian Easement Act, 1882, what happens if the dominant and servient tenements come under the same ownership?
a) The easement continues as it is
b) The easement is suspended temporarily
c) The easement is extinguished permanently
d) The easement must be renewed
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Answer: c) The easement is extinguished permanently
Explanation: Section 48 of the Indian Easement Act, 1882, states that if the dominant and servient tenements come under the same ownership, the easement is extinguished as there is no longer a need for one property to depend on the other.
- Which of the following can result in the revival of an extinguished easement?
a) Sale of the servient tenement
b) Division of the combined ownership of dominant and servient tenements
c) Expiry of a temporary agreement
d) Issuance of a new license
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Answer: b) Division of the combined ownership of dominant and servient tenements
Explanation: If the dominant and servient tenements, which were under the same ownership (causing the extinguishment of the easement), are subsequently divided again, the easement may revive if necessary for the reasonable enjoyment of the dominant tenement.
- What is the statutory period to establish a prescriptive easement over private property in India?
a) 10 years
b) 12 years
c) 20 years
d) 30 years
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Answer: c) 20 years
Explanation: Section 15 of the Indian Easement Act, 1882, specifies that a person can acquire a prescriptive easement over private property by continuous, open, and uninterrupted use for 20 years.
- Which of the following does NOT constitute a mode of granting an easement?
a) By express grant
b) By necessity
c) By illegal possession
d) By prescription
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Answer: c) By illegal possession
Explanation: Easements cannot arise from illegal possession of property. They are created by lawful means such as express grant, necessity, prescription, or implied grant arising from the circumstances of property use.
- What does Section 7 of the Indian Easement Act, 1882, state about ownership rights?
a) It explains the procedure for claiming easements
b) It clarifies the rights included in the ownership of immovable property
c) It describes the conditions under which easements are revoked
d) It defines the obligations of the servient owner
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Answer: b) It clarifies the rights included in the ownership of immovable property
Explanation: Section 7 of the Indian Easement Act, 1882, provides that ownership of immovable property includes the right to enjoy its natural advantages and to prevent others from interfering with such enjoyment, forming the basis for certain easements.
- Can a license under the Indian Easement Act, 1882, be transferred?
a) Yes, it is freely transferable
b) No, it is personal and non-transferable
c) Yes, but only with written consent
d) Only under special circumstances
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Answer: b) No, it is personal and non-transferable
Explanation: A license, as defined in Section 52 of the Indian Easement Act, 1882, is a personal right granted to an individual and cannot be transferred to another person unless expressly allowed by the licensor.
- What is the main difference between an easement and a license?
a) An easement is revocable, a license is permanent
b) An easement creates an interest in property, a license does not
c) A license binds subsequent owners, an easement does not
d) An easement is always temporary, a license is perpetual
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Answer: b) An easement creates an interest in property, a license does not
Explanation: An easement attaches to the dominant tenement and creates a legal interest in the servient tenement. A license, on the other hand, is a personal permission that does not transfer any interest in the property.
- What is an “implied easement”?
a) A right explicitly granted in writing
b) A right established through oral agreement
c) A right inferred from the circumstances of ownership or use
d) A right granted by court order
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Answer: c) A right inferred from the circumstances of ownership or use
Explanation: Implied easements are not expressly stated but arise from the nature of the property or the manner of its use, such as the right to access a property through an existing path upon its sale.
- What is the consequence of wrongful interference with an easement under the Indian Easement Act, 1882?
a) The easement is extinguished
b) The servient owner can revoke the easement
c) The dominant owner can seek legal remedies
d) No legal action can be taken
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Answer: c) The dominant owner can seek legal remedies
Explanation: Wrongful interference with an easement is a violation of the dominant owner’s rights. The dominant owner can file a suit for injunction or damages to protect their easement.
- Which of the following cannot be the subject matter of an easement?
a) Right to light and air
b) Right of way
c) Right to privacy
d) Right to collect water
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Answer: c) Right to privacy
Explanation: The right to privacy is not considered an easement under the Indian Easement Act, 1882, as easements deal with the physical use of land or property, such as access, water, light, or air.
