Quasi-Easement and Easement of Necessity
Introduction
Quasi-easements and easements of necessity arise mainly when one property is divided into parts. Before division, these rights are part of ownership. After division, they may become legal easements if certain conditions are satisfied.
Meaning / Definition
Quasi-Easement
A quasi-easement is a right that exists during common ownership of property. It becomes an easement after the property is divided.
It must satisfy:
- It is apparent (visible)
- It is continuous
- It is necessary for enjoyment in the same way as before division
Key Idea:
Before division → ordinary use
After division → becomes easement
Easement of Necessity
An easement of necessity is a right without which the property cannot be used at all.
It arises when:
- Property is transferred, partitioned, or inherited
- There is no other way to enjoy the property
Key Idea:
Absolute necessity, not just convenience
Legal Basis
- Section 13: Deals with both quasi-easements and easements of necessity
- Section 14: Deals with direction of way of necessity
Modes or Types
Easement of Necessity
Right of Way
- When land has no access except through another’s land
Right of Drainage
- When there is no other way to discharge water
Right of Support
- Support necessary for safety of building
Right of Water
- Water flow necessary for agricultural use
Quasi-Easement
Right to Light and Air
- Windows receiving light before division
Right of Drainage
- Existing drainage system visible and continuous
Right of Support
- Support between buildings
Rain Water Flow
- Natural flow of rainwater
Important Case Law
Fida Ali Hulla v Akbar Ali Kadarbhai (1939)
After partition of a building, the upper floor depended on the ground floor for support.
The court held that the upper owner had a right of support as a quasi-easement and could enter to repair at his own cost.
Ramlal v Rakhdu Pundu (1941)
Water flowed through channels on one part of land to another. After division, obstruction was made.
The court held that the right to water continued as it was necessary for enjoyment of the land.
Bat Champa v Dwaraka Das Mohanlal (1969)
The court held that the right relating to rainwater flow can be treated as a continuous easement similar to light and air.
Distinction / Comparison
Quasi-Easement vs Easement of Necessity
| Basis | Quasi-Easement | Easement of Necessity |
|---|---|---|
| Nature | Based on prior use | Based on absolute necessity |
| Requirement | Must be apparent and continuous | Need not be apparent |
| Degree of Need | Necessary for convenient enjoyment | Absolutely necessary for use |
| Origin | Exists before division | Arises only after division |
| Example | Light through windows | Path for landlocked land |
Practical Example
- A owns two houses and uses a drain between them → Quasi-easement
- A sells one house → Drain becomes easement
- A sells land with no access → Easement of necessity (right of way)
- A divides land and water flows through one part → Easement of necessity for irrigation
Summary
- Quasi-easement exists before division of property and becomes easement after division
- Easement of necessity arises only when property cannot be used without it
- Quasi-easement must be apparent and continuous
- Easement of necessity requires absolute need, not convenience
- Both arise mainly on transfer, partition, or inheritance
- Courts protect these rights to ensure proper use of property