• Easement by grant

Our neighbor has easement rights by grant over our land. It states that the border can be used as a walkway and the measurement is not mentioned. Is there any way to terminate the easement since they are not using it and are not willing to extinguish it. They have acquired another land for use as a driveway. Now the case is in court. But as both theirs and my property documents mention about the easement, can this be terminated by the court? Is their any similar judgements to this effect?
Asked 8 months ago in Property Law
Religion: Hindu

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7 Answers

easements by grant: a grant by the owner of the servient heritage.

The origin of all easements is, theoretically, grant by the servient owner. It may be express or implied. Easement may also be presumed from long user.

The evidence from which a lost grant may be inferred is not very different from the evidence on which a claim for a prescriptive easement may be established.

(Drainage system of defendant’s building connected with sewer line of plaintiff’s building – Right claimed by defendant exercised secretly – Held, right was not proved.) The presumption of lost grant may be negatived by showing legal incompetence as regards owner of the servient tenement to grant an easement or a physical incapacity of being obstructed as regard the easement itself or an uncertainty or secrecy of enjoyment putting out of the category of all known easements.

Where the plaintiff did make out a case of user from time immemorial in the plaint a decree could be granted on the basis of lost grant.

Proof of the origin of right or by such proof of long & uninterrupted usage as in the absence of a documentary title will suffice to establish a prescriptive right.


It is not known that what are the pleadings and supporting documents filed by the opposite party, hence you may have to fight it out on merits and the strong reasons you rely upon

T Kalaiselvan
Advocate, Vellore
83704 Answers
2057 Consultations

5.0 on 5.0

Yes it can be terminated if you challenge it by proper channel before same court 

Prashant Nayak
Advocate, Mumbai
31071 Answers
162 Consultations

4.1 on 5.0

If easement is to be acquired through the express grant then such a clause has to be specifically mentioned in the deed of sale, mortgage or any other deed in accordance with the mode of transfer

2) the easement can be extinguished if the easement holder abandons the easement. An easement is considered to be abandoned by the holder if the holder does something that shows a clear intent to stop using the easement permanently. However, non-use alone is not enough to be considered abandonment



Ajay Sethi
Advocate, Mumbai
93506 Answers
7253 Consultations

5.0 on 5.0

-  If your title deed having a clause after stating that it will be terminated on a certain date or at the occurrence of a certain event, then your easement will terminate when that date comes or when that event occurs.

- Further, you can send a legal notice to the neighbour for the termination of the easement.

- Further, if he agrees , then you can enter into a MOU for the termination of the easement. 

- Further, if no response, then file a declaration suit before the Court for getting the same. 

Mohammed Shahzad
Advocate, Delhi
12521 Answers
172 Consultations

5.0 on 5.0

easementary rights always go with the property for enjoyment of which the easement has been granted

it may be that the grantee is not using the easement 

but the successor in title of the grantee may use 

so prima facie i do not think that the easement can be somehow extinguished

this requires further legal research

if i come across something i will share here

Yusuf Rampurawala
Advocate, Mumbai
7359 Answers
79 Consultations

5.0 on 5.0

Yes it can be challenged and as you have stated that the they are not enjoying the right and they have acquired another land for use as a driveway. As far as law is concerned the easementary rights can be terminated. However, in your case you have to fight the case on the merits and you have to provide evidences with regards to the non-usage of the land by the neighbour and there in an abandonment. 

Aayushi Jain
Advocate, Ahmedabad
8 Answers

Not rated

Terminating an easement can be a complicated process, and it will depend on the specific circumstances of the case. In general, the burden of proving that an easement should be terminated rests with the property owner seeking to terminate it.


One possible way to terminate an easement is by mutual agreement between the parties involved. However, if your neighbor is not willing to extinguish the easement, you may need to pursue other legal options.


Courts may consider a variety of factors when deciding whether to terminate an easement, such as whether the easement is still being used, whether it is necessary for the reasonable enjoyment of the dominant property, and whether the burden on the servient property owner outweighs the benefits to the dominant property owner.


In some cases, courts have ordered the termination of easements when the dominant property owner has failed to use the easement for a certain period of time or when the easement is no longer necessary for the reasonable enjoyment of the dominant property.


However, every case is unique, and there is no guarantee that a court will terminate an easement in any given situation. It is important to seek the advice of a qualified attorney who can evaluate the specific facts and circumstances of your case and advise you on your options.




Anik Miu
Advocate, Bangalore
8095 Answers
97 Consultations

5.0 on 5.0

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