Customary Easements
Introduction
Customary easements are rights that arise from long-standing local practices followed by a community. These rights are recognised by law because they are consistently followed and accepted as binding. Section 18 of the Indian Easements Act, 1882 deals with such easements.
Meaning / Definition
A customary easement is a right acquired by virtue of a local custom (practice followed in a locality).
Custom means a rule that has been followed for a long time by a group of people and has gained the force of law. It must be:
- Ancient (very old)
- Certain (clear and definite)
- Reasonable (fair and not harmful)
- Continuous (regularly followed)
Modes or Types
Types of Customary Easements
Customary easements are generally of the following kinds:
- Easements of pasturage (grazing cattle)
- Easements of religious observances
- Easements of privacy
- Easements of sports and recreation
Essentials of a Valid Custom
For a customary easement to be valid, the custom must satisfy:
- Reasonableness (fair and not excessive)
- Conformity with law (not against any statute)
- Enjoyment as of right (claimed as a legal right, not by permission)
- Long usage (ancient practice)
- Peaceful enjoyment
- Certainty (clear and definite)
- Consistency (followed uniformly)
- Binding nature (accepted as compulsory in the community)
Distinction / Comparison
Customary Easement vs Easement of Necessity
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Customary easement arises from local custom
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Easement of necessity arises from absolute need (cannot use property without it)
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Customary easement is a public or community right
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Easement of necessity is a private right
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Customary easement must be ancient, continuous, and reasonable
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Easement of necessity need not be ancient
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Customary easement exists independent of ownership of specific land
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Easement of necessity is attached to a specific property (dominant heritage)
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No need to prove origin in customary easement
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Origin must be shown in easement of necessity
Customary Easement vs Prescriptive Easement
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Customary easement is based on local custom
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Prescriptive easement is based on long use (20 years)
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No fixed time period is required for customary easement
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Prescriptive easement requires 20 years (30 years for Government)
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Customary easement applies to a specific locality or community
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Prescriptive easement can apply anywhere
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Customary easement must be reasonable
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Prescriptive easement need not be reasonable but must satisfy legal conditions
Practical Example
In a village, it is a long-standing practice that all farmers can graze their cattle on a common pasture land.
A new farmer acquires land in that village. He also gets the right to graze cattle based on this custom. This is a customary easement.
Summary
- Customary easements arise from long-standing local customs
- Governed by Section 18 of the Indian Easements Act, 1882
- Custom must be ancient, certain, reasonable, and continuous
- These rights usually benefit a community or class of people
- No fixed time period like 20 years is required
- Different from prescriptive easements and easements of necessity