Accessory Licence

Introduction

Accessory licence is a concept under Section 55 of the Indian Easements Act, 1882.
It refers to a licence that arises automatically by law when it is necessary to enjoy a right or interest.
Such licences are not expressly granted but are implied (assumed by law).

Meaning / Definition

An accessory licence is a licence that is implied by law and is necessary for the enjoyment of a right or interest.

In simple terms:

• When a person has a legal right (like an easement or lease),
• The law also gives him permission to do certain acts needed to enjoy that right,
• Such permission is called an accessory licence.

It is co-extensive (equal in scope) with the main right or interest.

Modes or Types

Implied by Law

• Accessory licence is not created by agreement.
• It arises automatically when needed for:
  • Enjoyment of a right
  • Exercise of an interest

Connected with Main Right

• It cannot exist independently.
• It depends on:
  • Easement
  • Lease
  • Other legal rights

Co-Extensive Nature

• It exists only as long as the main right exists.
• Its scope is limited to what is necessary.

Examples of Accessory Licence

• Right to enter land to repair a path
• Right to remove obstacles from a way
• Right to repair a wall giving support
• Tenant’s right to access roof for repairs

Distinction / Comparison

Practical Example

A has a right of way over B’s land.

• If the path is blocked by stones, A can enter B’s land and remove them.
• This right to remove stones is not separately granted.
• It is an accessory licence because it is necessary to enjoy the right of way.

Summary

• Accessory licence is implied by law, not by agreement
• It is necessary for enjoying a legal right or interest
• It cannot exist independently of the main right
• Its scope is limited to what is required for enjoyment
• It ends when the main right or interest ends
• Common examples include repair, maintenance, and removal of obstruction