Chapter wise MCQ on the Indian Easement Act, 1882
Here are multiple-choice questions, chapter-wise, based on the Indian Easement Act, 1882, with answers and explanations in the required format:
Chapter 1: Preliminary
- What is the main purpose of the Indian Easement Act, 1882?
a) To regulate land ownership
b) To define and regulate easements and servitudes
c) To establish a property taxation system
d) To provide guidelines for property transfer
- Which of the following is an essential feature of an easement according to the Indian Easement Act, 1882?
a) It must be for a personal benefit of the dominant owner
b) It must be exercised over another person’s land
c) It requires the payment of a fee to the servient tenement
d) It must be registered with the government
- What is the meaning of the term ‘dominant tenement’ under the Indian Easement Act?
a) The land that is subject to the easement
b) The land benefiting from the easement
c) The land that grants the easement
d) The land owned by the government
Chapter 2: Creation of Easements
- How can an easement be created according to the Indian Easement Act, 1882?
a) Only by a written agreement between the parties
b) By express or implied grant, prescription, or necessity
c) Only through a court order
d) By verbal consent between the parties
- What is required for an easement to be acquired by prescription?
a) Permission from the servient tenement owner
b) Continuous and uninterrupted use for 20 years
c) A written contract between the parties
d) The servient tenement owner must agree to the easement
- Which of the following is a type of easement that arises out of necessity?
a) Right to use a pathway for personal leisure
b) Right of access to a public road for landlocked property
c) Right to park a vehicle on another’s land
d) Right to build a fence on another’s property
Chapter 3: Extinction and Suspension of Easements
- When does an easement get extinguished under the Indian Easement Act?
a) When the dominant tenement is sold
b) When the servient and dominant tenements are merged into one ownership
c) When the servient tenement owner is deceased
d) When the easement is not used for 5 years
- Can an easement be suspended?
a) Yes, if the dominant tenement is abandoned
b) Yes, if the servient tenement cannot allow the easement temporarily
c) No, easements are permanent
d) No, unless the easement is registered
- What happens if the dominant tenement is abandoned?
a) The easement is permanently extinguished
b) The servient tenement owner may reclaim the property
c) The easement may be suspended but not extinguished
d) The servient tenement owner gains rights to the easement
Chapter 4: Rights and Liabilities of the Parties
- Which of the following is the liability of the servient tenement owner regarding the easement?
a) To ensure the dominant tenement owner is not harmed by the easement
b) To pay compensation to the dominant tenement owner
c) To make sure the easement is exercised in a manner that minimizes harm to their property
d) To provide free access to the dominant tenement owner without any restrictions
- Which of the following is true regarding the dominant tenement owner’s rights?
a) The dominant owner can modify the terms of the easement at any time
b) The dominant owner must not increase the burden on the servient tenement
c) The dominant owner can transfer the easement rights without any restrictions
d) The dominant owner has the right to obstruct the servient tenement
- If an easement is not exercised for a long period, what is the consequence?
a) The easement becomes invalid after 10 years
b) The easement may be lost due to abandonment
c) The easement is automatically renewed
d) The servient tenement owner can charge a fee for the easement
- What is the liability of the dominant owner when an easement causes damage to the servient tenement?
a) The dominant owner is not liable
b) The dominant owner must compensate the servient tenement for the damage
c) The servient owner must pay for the damage caused by the easement
d) The easement will be revoked automatically
- Which of the following is NOT an obligation of the servient tenement owner?
a) To allow the exercise of the easement
b) To maintain the easement in a good condition
c) To ensure no damage is caused to the dominant tenement
d) To prevent the dominant owner from exercising the easement
Chapter 5: General Provisions
- Which of the following is a general provision related to easements in the Indian Easement Act, 1882?
a) Easements must be registered to be valid
b) Easements cannot be exercised over any land
c) Easements may be acquired through force
d) Easements can be created only for specific purposes
Chapter 6: Transfer of Easements
- Can the right of easement be transferred to a new owner?
a) Yes, only if the easement is appurtenant to the land
b) No, easements cannot be transferred
c) Yes, with the permission of the servient tenement owner
d) Yes, easements are freely transferable
- Which of the following is NOT necessary for an easement to be transferred along with the dominant tenement?
a) The easement must be expressly stated in the sale deed
b) The dominant tenement owner must notify the servient tenement owner
c) The transfer of the easement must be for the benefit of the land
d) The servient tenement owner’s permission must be obtained
- Which of the following statements is correct regarding the transfer of rights to an easement?
a) The dominant tenement owner can transfer the easement without transferring the property
b) The servient tenement owner can transfer the easement independently
c) The easement can be transferred only if it is recorded in the land records
d) The easement is inseparable from the dominant tenement and cannot be transferred independently
Chapter 7: Special Types of Easements
- What is a “negative easement”?
a) An easement that requires the dominant tenement to act
b) An easement that prohibits the servient tenement owner from doing certain things
c) An easement that allows for temporary use of the servient tenement
d) An easement that can be exercised only under urgent circumstances
- Which of the following is an example of a “positive easement”?
a) The right to prevent the construction of a building on the servient tenement
b) The right to pass through the servient tenement to access a public road
c) The right to prevent the servient tenement from building on their land
d) The right to prohibit the servient tenement owner from renting their property
- In which of the following cases is the servient tenement owner allowed to use the dominant tenement’s easement rights?
a) Only with express permission from the dominant tenement owner
b) When the dominant tenement owner is absent
c) In cases where the servient tenement owner requires the easement for personal use
d) Under no circumstances
Chapter 8: Termination and Extinguishment of Easements
- Under the Indian Easement Act, what happens when an easement is abandoned?
a) The easement continues unless a formal notice is given
b) The easement can be revoked by the servient tenement owner
c) The easement automatically extinguishes after a set period of disuse
d) The easement remains active even after abandonment
- Which of the following is a reason for the termination of an easement?
a) The servient tenement owner changes their occupation
b) The dominant tenement owner sells their property
c) When both the servient and dominant tenements come under the same ownership
d) The easement is not registered
- What is the effect of a change in the dominant tenement’s use on the easement?
a) The easement automatically terminates
b) The easement remains valid if the new use is consistent with the original purpose
c) The easement can only be exercised for the new use with servient tenement’s consent
d) The easement becomes void if the dominant tenement’s use changes
Chapter 9: Miscellaneous Provisions
- In which of the following cases does the Indian Easement Act provide for the limitation of easements?
a) When the easement is exercised beyond its defined limits
b) When the dominant tenement’s use becomes more burdensome
c) When the servient tenement owner objects
d) All of the above
- Which of the following is a valid defense against a claim for easement by prescription?
a) Use of the land was occasional
b) The servient tenement owner was unaware of the easement
c) The easement was used only with express permission
d) The easement was never used continuously
Chapter 10: Easements in Urban Areas
- Can an easement be created in an urban area where the land is densely populated?
a) Yes, but only if there is no alternative access
b) No, easements are not allowed in urban areas
c) Yes, but only for specific purposes such as water rights
d) No, the Indian Easement Act does not apply in urban areas
- Which of the following is an example of an urban easement?
a) The right to cross a farmer’s field to access a public road
b) The right to use a shared water supply line in an apartment building
c) The right to park in a public space
d) The right to build a boundary wall on another’s property
Here are additional multiple-choice questions based on the Indian Easement Act, 1882, continuing from where we left off:
Chapter 11: Easement and Government Land
- Can the government land be subject to an easement?
a) Yes, if the government has granted the easement
b) No, government land is exempt from easements
c) Yes, but only for public purposes
d) No, easements can only be created on private land
- Which of the following is a restriction on the creation of easements over government land?
a) The government must not oppose the creation of the easement
b) The easement must be for the benefit of the public
c) The government must agree in writing to the easement
d) Easements cannot be created on government land in urban areas
Chapter 12: Easements in Urban Properties
- Which of the following is a typical urban easement?
a) Right of way through a rural farm
b) Right to take water from a public stream
c) Right to light and air for a building
d) Right to build a road over agricultural land
- Which type of easement is likely to be needed in an apartment complex?
a) Right of way
b) Right to light and air
c) Right to water from a shared system
d) Right to park on neighboring property
- In urban areas, what is usually a concern when creating an easement?
a) Preservation of agricultural land
b) Impact on surrounding properties and land use
c) Permission from the local municipality
d) Loss of residential areas
Chapter 13: Miscellaneous Provisions and Issues
- What is the consequence if an easement is exercised in a manner that causes excessive damage to the servient tenement?
a) The dominant owner is allowed to continue without restrictions
b) The servient owner can seek compensation for damages
c) The easement is automatically terminated
d) The dominant owner loses the right to the easement
- How long must an easement be used continuously to acquire it by prescription under the Indian Easement Act, 1882?
a) 10 years
b) 20 years
c) 30 years
d) 40 years
- Which of the following is a valid condition for an easement to be granted by prescription?
a) Use of the land must be public and not private
b) The servient owner must be unaware of the easement
c) The easement must be used openly, without objection
d) The easement must be registered
- Which of the following is considered a wrongful obstruction of an easement?
a) The servient tenement owner makes repairs on their property
b) The servient tenement owner prevents access to the easement path without justification
c) The dominant tenement owner abandons the easement for a few years
d) The easement is not recorded in the land registry
Chapter 14: Rights and Liabilities of the Parties
- What is the main duty of the servient tenement owner concerning an easement?
a) To allow the dominant tenement owner to use the easement without interference
b) To prevent the dominant tenement owner from using the easement
c) To repair the dominant tenement’s land
d) To provide compensation to the dominant tenement owner
- Which of the following is a liability of the dominant tenement owner concerning an easement?
a) To pay compensation to the servient tenement owner for damage caused by the easement
b) To ensure the easement is exercised as frequently as possible
c) To bear the costs of maintaining the servient tenement
d) To ensure no changes are made to the servient tenement
- If an easement is used in a way that increases the burden on the servient tenement, what can the servient owner do?
a) The servient owner must accept the increased burden
b) The servient owner can terminate the easement
c) The servient owner can seek an injunction or claim damages
d) The servient owner has no legal recourse
Chapter 15: Transfer and Extinction of Easements
- What is the effect of the servient and dominant tenements coming under the same ownership?
a) The easement continues as normal
b) The easement is terminated
c) The easement can be transferred to a third party
d) The easement can only be used by the new owner with the servient owner’s consent
- Which of the following is an exception to the rule that easements are terminated when the servient and dominant tenements come under the same ownership?
a) The easement is used for public purposes
b) The easement is for a specific time period
c) The easement is not beneficial to the dominant tenement
d) The easement was created by a public grant
Here are more multiple-choice questions based on the Indian Easement Act, 1882:
Chapter 16: Prescriptive Easements
- Which of the following conditions is NOT required for an easement to be acquired by prescription?
a) The use must be continuous and uninterrupted
b) The use must be hostile to the servient tenement owner
c) The use must be for a period of at least 10 years
d) The use must be exercised openly and without permission
- If an easement has been exercised for 25 years but the servient tenement owner was unaware of it, can it still be acquired by prescription?
a) No, as the servient tenement owner must have known
b) Yes, as long as the use was continuous and uninterrupted
c) No, as the easement cannot be exercised without permission
d) Yes, but only if the servient owner does not object
- What is the effect of using an easement for a different purpose than originally granted?
a) The easement becomes invalid
b) The easement can still be used for any purpose
c) The easement may be terminated if the servient tenement owner objects
d) The easement can be used for a broader purpose, but the servient owner can claim damages
Chapter 17: Rights of the Dominant and Servient Owners
- What is the primary duty of the dominant tenement owner under the Easement Act?
a) To pay compensation for damages caused by the easement
b) To maintain the servient tenement
c) To ensure the easement is used within its prescribed limits
d) To prevent the servient tenement owner from making improvements
- Can a servient tenement owner make improvements that interfere with the exercise of an easement?
a) No, such improvements can be made only with the consent of the dominant tenement owner
b) Yes, the servient owner is free to make improvements at any time
c) The servient owner can only make improvements that increase the burden on the easement
d) Yes, if the servient owner has the dominant tenement owner’s approval
- Which of the following is true about the rights of the dominant tenement owner?
a) The dominant tenement owner cannot transfer their right to use the easement
b) The dominant tenement owner may use the easement at their discretion, provided it does not unduly burden the servient tenement
c) The dominant tenement owner must ensure the servient tenement remains in its original state
d) The dominant tenement owner must share the benefits of the easement with the servient tenement owner
Chapter 18: Extinguishment and Termination of Easements
- Which of the following is NOT a valid reason for the termination of an easement?
a) The easement was abandoned by the dominant tenement owner
b) The easement is no longer required by the dominant tenement owner
c) The servient and dominant tenements come under the same ownership
d) The servient tenement owner sells the property to a third party
- How can an easement be extinguished through abandonment?
a) By the dominant tenement owner verbally declaring it abandoned
b) By a continuous period of disuse for at least 5 years
c) By ceasing to use the easement for a continuous period of 20 years
d) By a formal written declaration by the servient tenement owner
- Which of the following is a valid defense against the termination of an easement due to abandonment?
a) The dominant tenement owner was unaware of the disuse
b) The servient tenement owner failed to object during the disuse
c) The dominant tenement owner’s use of the easement was interrupted for less than 5 years
d) The servient tenement owner did not inform the dominant tenement owner
- Which of the following is an example of an easement that can be extinguished by operation of law?
a) A right of way easement in an area where new land is developed with no provision for the easement
b) A right to light easement that causes harm to the servient tenement
c) A water easement where the source of water dries up
d) All of the above
- What happens when an easement is extinguished due to the dominant tenement and servient tenement coming under the same ownership?
a) The servient tenement owner can still use the easement
b) The easement is automatically terminated, as it is no longer needed
c) The easement continues unless the dominant owner formally revokes it
d) The servient tenement owner must notify the dominant tenement owner to terminate it