Easement
(Shah Nawaz Bokhari, Rawalpindi)
Law of Easement
Easement mean easily way to go
or easily way to get access of his pre-right. This act provides relief to the
public. The easement act is providing civil remedy. The Easement Act is
applicable in Pakistan. The easement has been suspended and renewed. The
easement is also destruction and dismissed for short time. Whereas the provision
has been available for renewal of easement may get the right. Easement is a
right of owner of the property. No person can claim easement to pass others
property and expect there is no specific way for crossing it but it will not
danger for spoiling other property. It is mandatory for acquiring easement that
the actual right infringement.
The purpose of easement act is to provide facility for public when his right of
way or place infringement. For example a man has been possessed land area for
cultivation since, 1970. But it has not owner of the said property and not a
tenant. The period of cultivation has been crossing 20 years. No one can
dispossess to him from his property under the easement Act.
Private property 20 years (without intervene possess property) easement act
applicable
Government Property 60 years (without intervene possess property) easement act
applicable
The rent houses, tenants who have taken lease from anyone exclude from easement
Act. There is no right of easement. Whatever they are living any house or
cultivation of any land since 20 years. A person can get civil remedy who
illegal dispossess from his land. That he can claim for his right of property
under easement act. There are many evitable incidents (call vis-major) when the
right of easement has been infringement. The evitable incident means flood and
all natural things which are not control of human being etc.
For example A has kept a farm of fishes adjacent to B farm of fishes. It is
suddenly leakage of soil and made whole A fishes transfer to B farm. It is
natural incident and A has filed a suit but his suit is not maintainable under
the Easement Act. That the B intention not to do so.