Easement is a right-
A. In rem
B. In personam
C. Neither (A) nor (B)
D. In rem in general but in personam in exceptional cases
Answer: Option A
Solution (By Examveda Team)
Easement is a rightin rem, which means it is a right in or against a thing, rather than a specific person. It is a right associated with a piece of land or property that allows the holder of the easement certain usage or access rights over that land or property. This right is not dependent on a specific individual but is attached to the property itself.Option A:
In remThis option is correct. Easement is considered a right
in rem, meaning it is a right associated with a property or thing rather than a specific person.Option B:
In personamIn personam rights are rights that are enforceable against a specific individual. Easement is not an in personam right because it is not based on a personal relationship but rather on the property itself.
Option C:
Neither (A) nor (B)This option is incorrect because easement is indeed an
in rem right.Option D:
In rem in general but in personam in exceptional casesThis option is not accurate. Easement is primarily an
in rem right and is not typically considered an in personam right.So, the correct answer is
Option A: In rem. This Question Belongs to Law >> Indian Easements Act
Correct option is A)
Easement can be defined as a non possessory right to use and/or enter onto the real property of another without possessing it. It can be further defined as a right, which the owner of a particular land enjoys over an adjacent property, which he does not possess. It is actually a right over a property belonging to someone else and not to the person claiming easement.