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A right enjoyed by the owner of land to a benefit from other land.
Evidence led to establish easement right by grant cannot be utilized for
founding a right of easement by prescription. ….. [Abdul Gaffar Vs. Abdul
Sattar, (1959) 11 DLR 97]
See also, Siddiq Ahmed vs. Abdul Hamid (1957) 9 DLR 262.
‘Easement’ is a right which the owner or occupier or certain land
possesses…as such, for the beneficial enjoyment of that land, to do and
continue to do something, or to prevent and continue to prevent something
being done, in or, upon, or in respect of, certain lands, not his own.
….. [Section 4 of the Easement Act, 1882]
‘Easement’ includes a right not arising from contract, by which one
person is entitled to remove and appropriate for his own profit any part of
the soil belonging to another or anything growing in, or attached to or
subsisting upon, the land f another. ….. [Section 2(5) of the Limitation
Act, 1908]
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