query
visha lranjan
(Querist) 01 April 2011
This query is : Resolved
can anyone please explain me the concept of easement ??
and, how a gift is akin to a contract, when the basic ingredient of gift is that it should be devoid of any consideration??
thanks and regards!!
Kirti Kar Tripathi
(Expert) 01 April 2011
An easement creates limited property rights for a third party to do something on land that doesn't belong to him. In other words, when a property owner grants someone an easement, that person has been granted legal rights regarding land that doesn't technically belong to him. Most commonly, easements are granted to utility companies to run power lines and cable lines. However, you may also grant an easement to your neighbor if your property is in the way of his access to a road, or to anyone else who needs to have a legal right to access your land.
Easements can be either express (stated by the land owner formally) or implied. In either case, the easement generally provides only a limited amount of rights. In other words, if Joe grants his neighbor Sam an easement to use the driveway to move his car in and out, then Sam can do one thing on that land only: move his car in and out. He can't plant a garden, play basketball with his kids, or do anything else on that driveway.
A voluntary transfer of property or of a property interest from one individual to another, made gratuitously to the recipient. The individual who makes the gift is known as the donor, and the individual to whom the gift is made is called the donee.
It gratitude transfer and exception having all the ingredients of contract except consideration.
