No easement by necessity when alternate way exists
The claimant of an easement right wouldn’t be entitled to claim the easement right by necessity when there exists an alternative way to access the claimant’s land, apart from the way over which the easement rights were claimed, the Supreme Court (SC) says in Manish Mahendra Gala v Shalini Bhagwan Avatramani [2024 INSC 293].
In other words, the easement right by necessity could be acquired only in accordance with Section 13 of the Indian Easement Act which provides that such easement right would arise if it is necessary for enjoying the Dominant Heritage. The easement right by necessity over the ‘servient heritage’ would arise if there is no alternative way to access the Dominant Heritage. The Dominant Heritage is the land that is to be enjoyed by the beneficiary, whereas the land on which the easement is claimed is called Servient Heritage.
Existence of alternate way demolishes the easement
When there is an alternative way to access the dominant heritage apart from the servient heritage, which may be a little far or longer, then the ground of easement of necessity would be demolished, the SC says.
References
- Manish Mahendra Gala v Shalini Bhagwan Avatramani [2024 INSC 293]
