SC: Easements granted in sale deed don’t extinguish with end of necessity

The Hon’ble Supreme Court, on 16thJuly 2019, in the matter of Dr. S. Kumar & Ors. v. S. Ramalingam observed that subsequent events of inheritance/gift vesting adjacent properties of different persons in the same person will not take away the right to use of passage which was associated with each adjacent property.

The Hon’ble Supreme Court observed that:

The relationship between two different owners of adjacent lands will not negate the grant of easement right of passage granted in a sale deed only because the recital is generic in nature and usually put by the deedwriters. (This inference has been drawn on the basis of Para 13)

Once the land has been sold with the right of access through the land adjoining the property sold, such right could not be exclusively conferred to a subsequent purchaser of the adjoining land. (This inference has been drawn on the basis of Para 13)

The rights of the parties have to be adjudicated upon as they exist on the date of filing of the suit. (Para 18)

Subsequent events of inheritance/gift vesting adjacent properties of different persons in the same person will not take away the right to use of passage which was associated with each property. (This inference has been drawn on the basis of Para 18)

Copy of judgement: Judgement_16-Jul-2019

-Tushar Kaushik

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