ES सुखाचारों का पुनः प्रवर्तन

 

Revival of Easement: Detailed Explanation

1. Meaning of Revival of Easement

• Easement is a legal right that allows one person to use another's land for a specific purpose (e.g., right of way, right to water, or light).
• If an easement is extinguished, it can sometimes be revived under certain conditions, restoring the original rights.
• Revival of Easement refers to the process by which an extinguished or suspended easement is reinstated, allowing the dominant owner to exercise the right again.

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2. Legal Provisions for Revival of Easement

A. Indian Easements Act, 1882

The Indian Easements Act, 1882 governs the creation, suspension, and revival of easements in India.

• Section 51 and Section 52 of the Act deal with the conditions under which an easement can be revived.
• If an easement is temporarily suspended or extinguished due to certain reasons, it can be restored when those reasons no longer exist.

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3. Grounds for Revival of Easement

An easement can be revived in the following circumstances:

1. Revival After Temporary Suspension

• If an easement was only suspended and not permanently extinguished, it automatically revives when the suspension ends.
• Example:
  • If a dominant owner temporarily stops using a path due to a blocked road, the easement revives once the obstruction is removed.

2. Revival After Unity of Ownership Ends

• If the dominant and servient tenements become owned by the same person, the easement is extinguished.
• However, if the ownership is later separated, the easement may revive.
• Example:
  • A person owns two adjacent plots (A and B). If the person sells Plot B, the old right of way from Plot A over Plot B may revive.

3. Revival by Necessity (Easement of Necessity)

• If an easement was extinguished but later becomes necessary again, it can be revived.
• Example:
  • If a landlocked property loses its previous access to the road and no other reasonable path exists, the right of way may be revived.

4. Revival by Grant or Agreement

• If an easement was formally extinguished, it can be revived through a fresh grant or agreement between the parties.
• Example:
  • If the owner of a servient land had revoked an easement earlier, they may agree to restore it through a new contract.

5. Revival After Removal of Permanent Obstruction

• If an easement was lost due to a permanent obstacle that is later removed, the easement may revive.
• Example:
  • A public canal was built blocking a private right of way. If the canal is later removed, the easement may revive.

6. Revival by Prescription (Continuous Use for 20 Years)

• If an easement is interrupted for some time but later used continuously for 20 years, it may be revived by prescription under Section 15 of the Easements Act.
• Example:
  • A person had a right to use water from a well but stopped using it. If they use it continuously for 20 years again, the easement revives.

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4. When an Easement Cannot be Revived?

An easement cannot be revived if:

✔ It was permanently extinguished by legal action or express agreement.

✔ The dominant tenement (the property that benefits from the easement) no longer exists.

✔ A new legal restriction prevents revival (e.g., government orders).

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5. Conclusion

The revival of an easement depends on whether it was temporarily suspended or permanently extinguished. If the original circumstances are restored, the easement may be reinstated under the Indian Easements Act, 1882. However, if the easement was completely abolished, revival is only possible through a fresh agreement, necessity, or prescription.