Section 7 of the Easements Act, 1882 deals with
natural rights. It says that easements are restrictions on one or
other of the two rights mentioned therein. Section 7 (a) of the
Act recognizes the exclusive right of every owner of immovable
property to enjoy and dispose of the same and all products
thereof and accessions thereto. Section 7(b) of the Act deals with
the right of every owner of immovable property to enjoy without
disturbance by another the natural advantages arising from its
situation. The illustrations added to the Section clarifies the
nature and extend of the natural rights. Natural rights are those
incidents and advantages, which are provided by nature for the
use and enjoyment of a man's property. It is to be distinguished
from an act of man or some artificial cause. So, the only
deduction possible is that the rights enumerated in Section 7 of
the Easements Act are claimable only in respect of immovable
properties in its natural situation. All these rights cannot be
extended to man made constructions. It is well settled that
natural rights are rights in rem and are inherent in land ex jure
naturae and they are not to be acquired by immemorial user.
Their continuous enjoyment is not essential for their continued
existence, though they are capable of being lost by adverse
enjoyment. (See, Subbarayudu v. Secretary of State (AIR 1927
Mad. 988) and Secretary of State v. Subbarayudu (AIR 1932
P.C 46).)
13. If the right to prospect or view is not a natural
right, then the next question probable is whether it can be
acquired as an easement ? It can never be acquired as an
easement for the primary reason that such a right does not fit in
the definition of easement in Section 4 of the Act. The
requirement in the Section for having dominant and survient
heritages may not be fulfilled in such a claim.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
FRIDAY,THE 26TH DAY OF JUNE 2015/
RSA.No. 786 of 2011 ( )
------------------------
THAMBI CHERIYAN,S/O.CHIRIYAKKUNNY,
KOLLANNUR HOUSE, MANGAD DESOM VILLAGE,
Vs
BABU,S/O.THOMAS, PUTHUKKARA VEEDU,
Citation; AIR 2015 Kerala 231
Print Page
natural rights. It says that easements are restrictions on one or
other of the two rights mentioned therein. Section 7 (a) of the
Act recognizes the exclusive right of every owner of immovable
property to enjoy and dispose of the same and all products
thereof and accessions thereto. Section 7(b) of the Act deals with
the right of every owner of immovable property to enjoy without
disturbance by another the natural advantages arising from its
situation. The illustrations added to the Section clarifies the
nature and extend of the natural rights. Natural rights are those
incidents and advantages, which are provided by nature for the
use and enjoyment of a man's property. It is to be distinguished
from an act of man or some artificial cause. So, the only
deduction possible is that the rights enumerated in Section 7 of
the Easements Act are claimable only in respect of immovable
properties in its natural situation. All these rights cannot be
extended to man made constructions. It is well settled that
natural rights are rights in rem and are inherent in land ex jure
naturae and they are not to be acquired by immemorial user.
Their continuous enjoyment is not essential for their continued
existence, though they are capable of being lost by adverse
enjoyment. (See, Subbarayudu v. Secretary of State (AIR 1927
Mad. 988) and Secretary of State v. Subbarayudu (AIR 1932
P.C 46).)
13. If the right to prospect or view is not a natural
right, then the next question probable is whether it can be
acquired as an easement ? It can never be acquired as an
easement for the primary reason that such a right does not fit in
the definition of easement in Section 4 of the Act. The
requirement in the Section for having dominant and survient
heritages may not be fulfilled in such a claim.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
FRIDAY,THE 26TH DAY OF JUNE 2015/
RSA.No. 786 of 2011 ( )
------------------------
THAMBI CHERIYAN,S/O.CHIRIYAKKUNNY,
KOLLANNUR HOUSE, MANGAD DESOM VILLAGE,
Vs
BABU,S/O.THOMAS, PUTHUKKARA VEEDU,
Citation; AIR 2015 Kerala 231
