• Parking charges under Easement Act

A servient owner wants to charge a dominant owner parking charge on the servient heritage , an access road. 

For over 2o years no parking charge has been paid

parking charges are not mentioned in the grant. Right to access is
Asked 1 year ago in Property Law from Mumbai, INDIA, Maharashtra
Religion: Hindu
1. WHat is the relationship between the servient owner and the dominant owner, more so, when youa re talking about the parking charge?
2. If ever parking charge ws paid no esementary right is created over the space and the owner is free to deal with it at his own will.
3. Hence no permission from any quarter is required to make repairment of it.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
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yes, it means that the dominant owner can use the parking space without making payment to the servient owner and repair it also in any manner they choose.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
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1) all easements are to lie in grant that they must be expressly granted or impliedly  or by prescription 

2) in case of implied and prescriptive easements there is no express grant but grant is neverthless  presumed 

3) for period of 20 years you have enjoyed the right to park your car on the access road 

4) “the grant of an easement is prima facie also the grant of such ancillary rights as are reasonably necessary to its exercise or enjoyment’

5) the express grant of the vehicular right of way carried with it an implied easement to park.

6) The House of Lords, has held that there was such a right to park   implied into the express right of way because it was “necessary for the comfortable use and   enjoyment of the right expressly granted”

7) SAFESTORE V RSN    right to park has been held to have been acquired by prescription.

Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
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1) if the owner of the servient tenement does not repair it, then the owner of the dominant tenement (who is inconvenienced by the poor condition of the way) may repair the way

2) it is advisable to take the servient owner into confidence before carrying out the repairs   and offer to reimburse the cost of repairs to avoid legal disputes
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
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1) refuse to pay the parking charges 

2) servient owner is not entitled to demand car parking charges or any fees for parking on said road 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
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The grant is given only for access to the property and not for parking even other wise it is specified in agreement. But no need to pay parking charge now . The claim for parking charges after 20 years does not exist in the eye of law. 
Ajay N S
Advocate, Ernakulam
1912 Answers
19 Consultations
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1. No charge can be levied on the servient heritage, more so when for 20 years it has been used without parking charge.

2. The dominant owner is entitled to unrestricted use of the servient heritage to access his property.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
The dominant owner requires the permission of the servient owner to carry out any repair on his property. 
Ashish Davessar
Advocate, Jaipur
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448 Consultations
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All the members of the society who cannot access their land without using the land owned by this person have a legally enforceable and sustainabble right to use his land. Formation of a society does not have any nexus with the easementary rights. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
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1. Servient tenament is the land where easement is exercised whereas dominat  tenament is the land where easement is attached,

2. In the instant matter, easement is to be exersiced but not parking of car for 20 years,

3. So, you can charge rent for parking car on the land on which he has easement right and no other right.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
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1. The title of the accesss road stands in the name of the servient owner,

2. The dominant owner has the easement right only,

3. He has to first write to the servient owner for repair of the access road and in case the servient bowner fails and/or refuses to repair the said road, then only the dominant owner can repair tyhe said road for his use,

4. If the contractor has been engaged by the servient owner, the dominant owner can not pay him any amount for the repair of the said road.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
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1. Your queries are too deficient in providing details and also is too brief to understand properly to forward appropriate replies,

2. What is the difference between the plot owner's scciety and the servient owner's society in your case? Is not the servient owner, the plot owner also?

3. The person/persons/body/bodies on whose name the title of the access land stands, is the owner of the said land,

4. All others have easement right only.  
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1. The plot owners  are the dominant owners,

2. They are not the title holder of the said land,

3. The servient owner is within his rights to ask for rent for the use of the land other than for having access. 
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0

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