Natural Rights under the Indian Easements Act, 1882

Introduction

Natural rights are basic rights that come with ownership of land. These rights exist automatically and do not require any agreement. Section 7 of the Indian Easements Act explains that easements are restrictions on these natural rights.

Meaning / Definition

Natural rights are rights that arise from the natural situation of land. They are inherent (built-in) and exist without any grant or permission.

They include:

• The right to enjoy one’s property fully
• The right to receive natural benefits like light, air, and water

Easements limit (restrict) these natural rights in certain situations.

Modes or Types

Right of Exclusive Enjoyment

Every owner has the right to:

• Use and enjoy their property
• Dispose of it (sell or transfer)
• Enjoy its products and benefits

Example:

• Right to build on one’s land (subject to law)

Right to Natural Advantages from Situation

Every owner has the right to enjoy natural benefits arising from the location of the land without interference.

Right to Air

• Air reaching the land should not be polluted unreasonably

Right to Light

• Land should receive natural light coming vertically

Right to Physical Comfort

• No unreasonable disturbance by noise or vibration

Right to Support

• Land in its natural condition must be supported by adjoining land

Explanation:
Land is in its natural condition when it is not dug (excavated) or burdened by artificial pressure.

Rights Relating to Water

Right Against Pollution

• Water flowing through land should not be polluted before reaching it

Right to Collect Water

• Owner can collect and use water within their land if it is not part of a defined channel

Right to Flow of Natural Stream

• Water in a natural stream must flow without interruption or major change

Right of Upper Land

• Water from higher land should be allowed to flow naturally to lower land

Right to Use Water

• Water can be used for:
  • Drinking
  • Household purposes
  • Cattle use
  • Irrigation and manufacturing

Condition: It should not cause serious harm to others with similar rights.

Meaning of Natural Stream

A natural stream is water flowing naturally, either:

• On the surface or underground
• Continuously or occasionally
• In a fixed natural path

Practical Example

• A builds on his land → Natural right
• B pollutes air reaching A’s house → Violation of natural right
• Water flows naturally from A’s land to B’s land → Natural right
• A uses water from a natural stream without harming others → Natural right

Summary

• Natural rights arise automatically from ownership of land
• They include rights to light, air, water, and support
• These rights do not need any agreement or grant
• Easements are restrictions on these natural rights
• Owners must not interfere unreasonably with others’ natural rights
• Water and air must flow naturally without major disturbance