ES "सुखाधिकार सदैव लोकलक्षी होता है और व्यक्तिलक्षी कभी नहीं।" व्याख्या कीजिए।

"An Easement is Always a Right in Rem and Never in Personam" – Explanation

1. Meaning of Easement

An easement is a legal right enjoyed by the owner or occupier of a property (dominant tenement) over another person's property (servient tenement) for beneficial use, such as the right to pass through land or use water from a neighboring source.

The Indian Easements Act, 1882, defines easement under Section 4 as:

"A right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent or continue to prevent something, in or upon, or in respect of, certain other land not his own."

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2. Easement as a Right in Rem

• A right in rem (Latin for "against the world") is a legal right enforceable against all persons, not just specific individuals.
• An easement is attached to the property and benefits its owner against the entire world, meaning it exists irrespective of who owns the servient tenement.
• For example, if a person has a right of way over his neighbor’s land, this right continues even if the neighbor sells his land to someone else.

Examples of Easements as Rights in Rem:

1. Right of Way – A landowner has the right to pass through a neighbor’s land.
2. Right to Light and Air – A house owner may have an easement ensuring uninterrupted access to light and air.
3. Right to Water – A property owner may have a right to draw water from a neighbor’s well or stream.

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3. Easement is Not a Right in Personam

• A right in personam is a personal right enforceable only against a specific individual and does not attach to property.
• Easements are not personal rights because they are tied to land ownership and transfer with the land, rather than being granted to an individual alone.
• Even if the dominant tenement (the land benefiting from the easement) is sold, the easement continues in favor of the new owner.

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4. Legal Implications

• Since an easement is a right in rem, it can be enforced against anyone interfering with it.
• If the servient owner tries to obstruct an easement, the dominant owner can file a suit for injunction or damages.

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5. Conclusion

An easement is always a right in rem, as it is attached to the land and enforceable against the world, not just a specific person. It is not a personal right (right in personam) because it does not depend on who owns the land but rather on the land itself.