Easements

Definition of Easement (Section 4)

Easements are important rights related to immovable property that allow one landowner to use the land of another in a particular way, or to prevent the servient landowner from using their own land in a particular way. These rights are not rights to possess the land itself, but rights exercised over someone else's land for the beneficial enjoyment of one's own land. The Indian Easements Act, 1882, is the primary legislation governing easements in India. Section 4 of this Act provides the definition.

Section 4. "Easement" defined:

Section 4. "Easement" defined.

"An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own."

"Dominant heritage and servient heritage and dominant and servient owners and occupiers."

"The land for the beneficial enjoyment of which the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner: the land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof the servient owner."

Explanation of the Definition:

Based on Section 4, the essential characteristics of an easement are:

Right over Immovable Property: An easement is a right connected to land (immovable property).
Right related to another's land: The right is exercised over land that is not owned by the person possessing the right.
For beneficial enjoyment of one's own land: The right must be for the benefit of a specific piece of land owned by the person exercising the right. This is the core purpose of an easement. It is not a personal right independent of owning land; it is a right *annexed* to land.
Positive or Negative: The right can be positive (allowing the dominant owner to do something on the servient land, e.g., walk across it) or negative (preventing the servient owner from doing something on their own land, e.g., building a wall that blocks light).
Two Distinct Properties: There must be two separate pieces of land – one that benefits from the easement (dominant heritage) and one that is burdened by the easement (servient heritage).
Accommodation of the Dominant Heritage: The easement must be connected to the normal enjoyment of the dominant heritage. It must make the dominant land a better property.

Dominant Tenement and Servient Tenement

As defined in Section 4:

Dominant Heritage (or Dominant Tenement): This is the land or property that benefits from the easement. The right of easement is exercised for the beneficial enjoyment of this land. For example, if property A has a right of way over property B, property A is the dominant heritage.
Servient Heritage (or Servient Tenement): This is the land or property that is burdened by the easement. The owner of this land must allow something to be done on their land or refrain from doing something on their land for the benefit of the dominant heritage. In the example above, property B is the servient heritage.

For an easement to exist, there must always be both a dominant and a servient heritage. The easement is a right *annexed* to the dominant heritage and a burden *imposed* on the servient heritage. It is a right in rem, meaning it attaches to the land and binds subsequent owners of both the dominant and servient properties.

Dominant Owner and Servient Owner

Again, as defined in Section 4:

Dominant Owner (or Occupier): This is the owner or occupier of the dominant heritage. They are the person who has the right to exercise the easement.
Servient Owner (or Occupier): This is the owner or occupier of the servient heritage. They are the person whose land is subject to the easement and who must allow the dominant owner to exercise the right.

The right of easement exists for the dominant owner *as such* (i.e., by virtue of their ownership or occupation of the dominant heritage). It is not a right held personally, but in their capacity as the owner or occupier of that specific land. Similarly, the liability to permit the easement falls upon the servient owner *as such*, binding whoever happens to be the owner or occupier of the servient land.

Examples of Easements:

Right of Way: Right to pass and repass over the servient land to access the dominant land.
Right to Light and Air: Right to receive light and air over the servient land, preventing the servient owner from obstructing it.
Right of Drainage: Right to drain water from the dominant land through or over the servient land.
Right to Support: Right for a building on the dominant land to be supported by the land of the servient owner.

Easements are distinguished from other rights like licenses (personal rights, not attached to land, revocable) and leases (transfer of possession, not just a limited right of use).

Types of Easements

The Indian Easements Act, 1882, classifies easements based on various criteria. Two important classifications are continuous vs. discontinuous easements and apparent vs. non-apparent easements. These distinctions are particularly relevant when considering the creation of easements by implied grant (Section 13).

Continuous and Discontinuous

Section 5 of the Act defines these types:

Section 5. Continuous and discontinuous, apparent and non-apparent easements.

"Easements are either continuous or discontinuous, apparent or non-apparent."

"A continuous easement is one whose enjoyment is, or may be, continual without the act of man."

"A discontinuous easement is one that needs the act of man for its enjoyment."

Explanation:

Continuous Easement: This is an easement whose enjoyment is constant and requires no specific action by the dominant owner or any other person. It operates continuously without human intervention after it has been initially established.
Examples:
- Right to Light and Air (the flow of light and air is continuous).
- Right to Support (the support is continuous).
- Right of Drainage through an existing channel (the flow of water through the channel is continuous).
Discontinuous Easement: This is an easement that requires a specific act of the dominant owner (or someone on their behalf) for its enjoyment. It is not automatically enjoyed continuously; it is enjoyed only when exercised.
Examples:
- Right of Way (requires the dominant owner to physically pass over the servient land).
- Right to Draw Water from a well on servient land (requires the act of drawing water).

Apparent and Non-Apparent

Section 5 of the Act also defines these types:

Section 5 (contd.).

"An apparent easement is one the existence of which is shown by some permanent sign which, upon careful inspection by a competent person, would be visible to him."

"A non-apparent easement is one that has no such sign."

Explanation:

Apparent Easement: This is an easement whose existence is evidenced by some physical sign or indication on the servient land (or sometimes on the dominant land) that is permanent and would be visible upon a careful inspection by someone competent to understand what they are seeing. The sign provides external evidence of the easement's existence.
Examples:
- A well-trodden path indicating a Right of Way.
- A drain or pipe on the servient land indicating a Right of Drainage.
- An opening (window) on the dominant land receiving light/air from the servient land (though the sign is on the dominant land, it indicates a relationship with the servient land).
Non-Apparent Easement: This is an easement that does not have any visible, permanent sign of its existence on the ground. Its existence is known only by the agreement or understanding between the parties or by legal implication, not by physical inspection.
Examples:
- A negative easement like the Right to prevent the servient owner from building above a certain height (there is no physical sign on the ground indicating this restriction).
- A right to receive future flow of water (before any channel is built).

Relevance of Classification:

The distinction between continuous/discontinuous and apparent/non-apparent easements is particularly important for Easements of Necessity and Quasi-Easements arising under Section 13 of the Act:

Easements of Necessity (Section 13(a), (c), (e)): These are easements absolutely necessary for the enjoyment of the dominant heritage. They can be continuous or discontinuous, apparent or non-apparent. For example, a right of way (discontinuous, often apparent) over the seller's retained land may be an easement of necessity if the sold land is landlocked.
Quasi-Easements (Section 13(b), (d), (f)): These arise when an owner of a property habitually uses one part of their property for the benefit of another part, and then transfers one of these parts. If the use was continuous and apparent, it can, under certain conditions, become an easement upon severance of the properties. Quasi-easements can only be claimed in respect of easements that were continuous and apparent during the unity of ownership. A discontinuous or non-apparent use during unity of ownership cannot typically become a quasi-easement upon severance.

Thus, these classifications are not merely academic but have direct consequences for how certain types of easements are created.

Creation of Easements (Section 8-17)

Easements can be created in various ways. The Indian Easements Act, 1882, outlines the different modes by which an easement may be imposed or acquired. The primary modes include express grant, implied grant (including necessity and quasi-easements), and prescription.

By Express Grant (Section 8)

Section 8 of the Act deals with the power to impose easements by express act.

Section 8. Who may impose easements.

"An easement may be imposed by any one in the circumstances, and to the extent, in and to which he may alienate the immovable property in respect of which the easement is imposed."

Explanation:

An easement is created by express grant when the owner of the servient heritage (the one granting the right) formally transfers or reserves the easementary right through a written agreement, deed, or will. The grant must be clear and specify the nature of the easement, the dominant and servient properties, and the scope of the right.

For an express grant to be valid:

The grantor must be competent to transfer the property or the interest therein (similar to the transferor under TPA).
The grant must be for the benefit of a specific dominant heritage.
The grant must specify the servient heritage.
Formalities: If the grant of an easement is for a definite period or in perpetuity, and its value exceeds ₹ 100, it is considered a transfer of an interest in immovable property and requires a registered instrument under the Indian Registration Act, 1908. Oral grants of easements are generally not valid under TPA and Registration Act requirements, except for short-term or specific exceptions.

Example:

Example. A owns Plot X and Plot Y, which are adjacent. He sells Plot X to B and includes a clause in the registered sale deed granting B (as owner of Plot X) a right of way over a specific path on Plot Y (retained by A) to access the main road.

Answer:

This is an express grant of a right of way easement. A, as the owner of the servient heritage (Plot Y), has granted the right to B, the owner of the dominant heritage (Plot X), through a registered deed. This easement is validly created by express grant.

By Implied Grant (Section 13)

Easements can also arise by implication, meaning they are not expressly stated but are presumed by law from the circumstances surrounding the transfer of property. Section 13 of the Act deals with easements of necessity and quasi-easements, which arise on the severance of tenements (when one person who owned two or more properties transfers one or more of them). The principle is that certain rights that were being used during the unity of ownership should continue after the properties are separated.

Section 13. Easements of necessity and quasi-easements:

Section 13.

"Where one person transfers or bequeaths immovable property to another,:

(a) if an easement in other immovable property of the transferor or testator is necessary for enjoying the subject of the transfer or bequest, the transferee or legatee shall be entitled to such easement;

(b) if such an easement is apparent and continuous and necessary for enjoying the said subject as it was enjoyed when the transfer or bequest took effect, the transferee shall, unless a different intention is expressed or necessarily implied, be entitled to such easement;

(c) if an easement in the subject of the transfer or bequest is necessary for enjoying the other immovable property of the transferor or testator, the transferor or the legal representative of the testator shall be entitled to such easement;

(d) if such an easement is apparent and continuous and necessary for enjoying the said other property as it was enjoyed when the transfer or bequest took effect, the transferor, or the legal representative of the testator shall, unless a different intention is expressed or necessarily implied, be entitled to such easement;"

(Clauses (e) and (f) apply similarly to partitions.)

Explanation:

Easements of Necessity (Section 13(a), (c), (e)): These arise when an easement is absolutely essential for the enjoyment of the property transferred or retained. Without the easement, the property cannot be used at all.
Conditions:
- Unity of ownership prior to severance.
- Severance of properties by transfer, bequest, or partition.
- The easement is absolutely necessary for the enjoyment of the dominant heritage. Necessity is judged at the time of severance.
Example:

Example. A sells a plot of land to B, and the only way B can access his plot from the public road is by crossing A's retained land.

Answer:

B acquires an easement of necessity (right of way) over A's land, even if the sale deed does not mention it, because access is absolutely necessary for B to enjoy the plot.
Quasi-Easements (Section 13(b), (d), (f)): These arise when, during the unity of ownership, the owner used one part of the property for the benefit of another part, and this use was apparent and continuous. Upon severance, this prior use can ripen into an easement if it is 'necessary' for enjoying the property as it was enjoyed at the time of severance. The necessity here is not absolute necessity (like in Easements of Necessity) but relative necessity for the convenient use of the property as it existed before severance.
Conditions:
- Unity of ownership prior to severance.
- Severance of properties.
- Prior use during unity of ownership.
- The prior use must be apparent and continuous (referencing the types discussed in H2-I2).
- The easement must be necessary for enjoying the dominant heritage as it was enjoyed at the time of severance.
Example:

Example. A owns two adjacent houses, House 1 and House 2. House 1 has a drain running through the backyard of House 2 to discharge water. This drain is visible and has been used by A while owning both houses. A sells House 1 to B.

Answer:

B may acquire a quasi-easement (right of drainage) over House 2 (retained by A). The prior use (drainage) was apparent and continuous, and it is necessary for enjoying House 1 as it was enjoyed before the sale. This right arises by implied grant upon the severance of the properties.

Implied easements are based on the presumed intention of the parties at the time of severance.

By Prescription (Section 15)

Easements can be acquired by long, uninterrupted user over a specified period, known as prescription. Section 15 of the Act lays down the requirements for acquiring an easement by prescription.

Section 15. Acquisition by prescription.

"Where a right of way or any other easementary right (except the access and use of light or air to and for any building, and the support of a building from other land or things annexed to land) has been peaceably and openly enjoyed by any person claiming title thereto, as an easement, and as of right, without interruption, and for twenty years, the right to such access and use of light or air, support, or other easementary right shall be absolute and indefeasible."

(A shorter period of thirty years applies against the Government).

Explanation of Acquisition by Prescription:

To acquire an easement by prescription, the dominant owner must prove that they have been enjoying the right over the servient land for a continuous period of twenty years (or thirty years against the government) under specific conditions:

Peaceable: The enjoyment must not have been disputed or opposed by the servient owner during the 20-year period.
Openly: The enjoyment must be visible and known to the servient owner, not secret.
As of right ($nec\ vi,\ nec\ clam,\ nec\ precario$): The enjoyment must be exercised openly, without force, and without permission or license from the servient owner. The dominant owner must be claiming it as a right belonging to them, not merely by the grace or permission of the servient owner.
As an easement: The enjoyment must be in the character of an easement, i.e., for the benefit of the dominant heritage and over the servient heritage.
Without interruption: The enjoyment must be continuous for the entire 20-year period. An interruption occurs when the enjoyment is obstructed by the servient owner and such obstruction is submitted to or acquiesced in for one year after notice thereof and of the person making the obstruction.
For twenty years: The statutory period of 20 years must be completed before the right can be claimed or asserted in a suit.

Upon fulfilling these conditions, the right becomes absolute and cannot be defeated. The 20-year period is counted backwards from the date of filing the suit in which the claim is contested.

Note: The right to light and air and the right to support for a building can also be acquired by prescription under Section 15, but the wording regarding these is slightly different, focusing on "enjoyed without interruption" for 20 years.

Other Modes of Creation:

Easements can also be created:

By Custom (Section 18): Local customs may recognise certain easementary rights that attach to particular lands. These must be ancient, reasonable, certain, and not inconsistent with any law.
By Statute: Specific statutes may create easementary rights (e.g., under certain land development or infrastructure laws).

Thus, easements can arise from deliberate acts of parties, implications of law upon property severance, or long user over time.

Extinction, Suspension, and Revival of Easements (Section 37-48)

Once created, an easement is a right annexed to the dominant heritage. However, this right is not necessarily perpetual and can be brought to an end, suspended temporarily, or even revived under certain circumstances. Chapter V of the Indian Easements Act, 1882 (Sections 37 to 51) deals with the extinction, suspension, and revival of easements. The prompt headings cover the range of sections relevant to this topic.

Extinction of Easements

An easement is extinguished when it comes to a permanent end. Key grounds for extinction under the Act include:

Section 37. Dissolution of servient owner's right: When the servient owner's interest in the servient heritage terminates or is extinguished (e.g., if the servient owner was a tenant and the lease expires, their right to permit the easement ends with their tenancy).
Section 38. Release: An easement can be extinguished if the dominant owner releases the easementary right to the servient owner. This release can be express (by a written agreement) or implied by the conduct of the dominant owner. An express release of an easement valued at ₹ 100 or more should be by a registered instrument.
Section 39. Becoming useless: An easement is extinguished when it ceases to be necessary for the beneficial enjoyment of the dominant heritage. This applies primarily to easements granted for a specific purpose which no longer exists.
Section 40. Permanent alteration of dominant heritage: If the dominant owner permanently alters the dominant heritage or permits such alteration, and the easement was imposed for the purpose of enjoying the dominant heritage in its original condition, the easement is extinguished. The alteration must be of a nature that is incompatible with the continued existence or enjoyment of the easement.
Section 41. Destruction of either heritage: If either the dominant or the servient heritage is completely destroyed by any cause (e.g., natural calamity), the easement is extinguished. If the heritage is merely injured but not destroyed, the easement is suspended during the injury but revives if the heritage is restored within twenty years.
Section 42. Unity of ownership: If the same person becomes the owner of both the dominant and servient heritages, the easement is extinguished by merger. This is because a person cannot have an easement over their own land. The ownership must be of the same absolute nature (e.g., full ownership of both).
Section 43. Cessation of necessity: An easement of necessity (created under Section 13(a), (c), (e)) is extinguished when the necessity ceases. For example, if the dominant owner acquires an alternative means of access to the landlocked property.
Section 45. Extinction by non-enjoyment: An easement can be extinguished if it is not enjoyed for a continuous period of twenty years. However, this applies differently to continuous and discontinuous easements:
- For a continuous easement, the non-enjoyment itself for 20 years is sufficient.
- For a discontinuous easement, mere non-user is not enough. There must also be an intention by the dominant owner to abandon the easement, evidenced by some act or omission, and this non-enjoyment coupled with the intention must continue for 20 years.
Non-enjoyment is counted forwards from the last date of enjoyment.
Section 47. Extinction of accessory easements: Accessory easements (easements necessary for the enjoyment of the main easement) are extinguished when the main easement is extinguished.

Suspension of Easements

An easement is suspended when the right to exercise it is temporarily halted, but the easement itself is not extinguished. Section 49 lists grounds for suspension.

Section 49. Suspension of easement:

Section 49. Suspension of easement.

"An easement is suspended—

(a) when the dominant owner acquires possession of the servient heritage for a limited interest therein; or

(b) when the servient owner acquires possession of the dominant heritage for a limited interest therein; or

(c) when the dominant owner becomes for a limited period the owner or occupier of the servient heritage by virtue of a simultaneous, a prior or a subsequent grant, prescription or otherwise."

Explanation: Suspension typically occurs when there is a temporary unity of possession, but not unity of ownership of the same absolute character. For example, if the dominant owner takes the servient land on lease, the easement is suspended during the period of the lease. The easement is not extinguished because the unity of possession is only temporary and based on a limited interest (leasehold), not full ownership.

Revival of Easements

An easement that has been suspended or extinguished in certain ways can be revived. Section 50 deals with revival.

Section 50. Revival of easements:

Section 50. Revival of easements.

"An easement extinguished under section 40 revives when the permanent alteration which extinguished it is destroyed or removed: provided that the easement was not extinguished under section 47."

"An easement extinguished by the destruction of the dominant or servient heritage revives when the heritage is restored within twenty years from the date of destruction."

"A suspended easement revives if the cause of suspension ceases."

Explanation:

If an easement was extinguished due to a permanent alteration of the dominant heritage (Section 40), it can revive if that alteration is removed, provided the easement was not extinguished by non-enjoyment for 20 years (Section 47) before the alteration.
If an easement was extinguished due to the destruction of either heritage (Section 41), it revives if the destroyed heritage is restored within 20 years.
A suspended easement automatically revives when the reason for its suspension ceases (e.g., when the lease causing temporary unity of possession expires).

Understanding the rules of extinction, suspension, and revival is essential to determine the current status and enforceability of an easementary right.

Licenses

Definition of License (Section 52)

The concept of a 'License' in relation to immovable property is defined in the Indian Easements Act, 1882, not the Transfer of Property Act, 1882. A license is a permission granted to a person to do something on the grantor's immovable property that would otherwise be unlawful, but it does not create any interest in the property itself.

Section 52. "License" defined:

Section 52. "License" defined.

"Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon, the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license."

Explanation of the Definition:

Based on Section 52, the essential elements of a license are:

Grant of a Right: It is a grant of permission or a right by one person (the grantor) to another person (the licensee).
To do something on immovable property: The right is to perform a specific act or series of acts on the immovable property belonging to the grantor. Without this permission, performing such an act would be considered unlawful (e.g., trespass).
Does NOT amount to an easement or interest: This is the crucial distinguishing feature. A license is a lesser right than an easement or any other interest (like a lease or mortgage) in the property. It does not create any right in rem or any proprietary interest in the property for the licensee.
Purpose: The purpose is merely to make an otherwise unlawful act on the grantor's property lawful.
Specific Person(s): The right is granted to a specific person or a definite number of persons. It is a personal right.

Example:

Example. A allows B to use a specific room in A's house for a period of three months for a particular purpose, without transferring possession or creating a lease.

Answer:

This is a license granted by A to B. B has the permission to enter and use the room, which would otherwise be trespass. However, B does not get exclusive possession or any interest in the property; it is merely a permission to use for a specific purpose.

Distinction between Easement and License

While both easements and licenses relate to the use of another person's land, they are fundamentally different legal concepts. The distinction is critical in property law as it determines the nature of the right, its transferability, heritability, and enforceability.

Feature	Easement	License
Nature of Right	Right in rem (Right relating to property, enforceable against the world).	Right in personam (Personal right against the grantor, enforceable only against the grantor).
Interest in Property	Creates an interest in the servient property (though not ownership or possession).	Does not create any interest in the property. It's a mere permission.
Attached To	Attached to the dominant heritage (land). It "runs with the land".	Attached to the licensee (person). It is personal.
Dominant/Servient Tenement	Requires a dominant heritage and a servient heritage (two distinct properties).	Does not require dominant and servient tenements. Relates to the use of the grantor's property.
Transferability/Heritability	Generally transferable with the dominant heritage and heritable by successors of the dominant owner. Cannot be transferred separately.	Generally not transferable or heritable, unless the grant specifies otherwise or it is coupled with an interest.
Exclusivity of Possession	Does not grant exclusive possession. It is a right of limited use.	Does not grant exclusive possession.
Revocability	Generally irrevocable (unless extinguished on specific grounds under the Act).	Generally revocable at the will of the grantor (subject to certain exceptions).
Remedy for Interference	Dominant owner can sue anyone interfering with the right.	Licensee's remedy is primarily against the grantor for breach of contract if wrongfully revoked (damages), but generally cannot sue third parties for interference as they have no property interest.
Creation	Acquired by grant (express/implied), necessity, prescription, custom. Often requires formal documentation and registration for express grants.	Created by express or implied permission. Can be oral or written. No specific formalities generally required by Section 52.

The distinction lies in whether the right granted amounts to an interest in the land itself (easement) or is merely a personal permission to use the land in a specific way without acquiring any such interest (license).

Creation and Termination of Licenses

The Indian Easements Act, 1882, while defining licenses, does not extensively detail their creation process, implying it can arise from any form of valid permission. However, it does specify when licenses become irrevocable and how they are terminated.

Creation of License

A license is created by a grant from the grantor to the licensee. This grant can be:

Express: Given through spoken or written words.
Implied: Inferred from the conduct of the parties or the circumstances of the case.

Section 53 of the Easements Act states that a license may be granted by any one in the circumstances and to the extent in and to which he may alienate his immovable property. This means generally only the owner or someone authorised by the owner can grant a license over the property.

Unlike easements (especially express grants of immovable property interests), a license does not necessarily require a written document or registration. An oral permission coupled with the licensee acting upon it can create a valid license.

Termination of License

A license can be terminated in several ways, primarily detailed in Sections 60 to 62 of the Indian Easements Act, 1882:

By Revocation by Grantor (Section 60): Generally, a license is revocable at the will of the grantor. The grantor can withdraw the permission at any time, subject to certain exceptions (discussed below). Revocation can be express or implied. Express revocation is by clear words or notice. Implied revocation can occur if the grantor does something inconsistent with the continuation of the license (e.g., selling the property to someone else without reserving the license for the licensee). Upon proper revocation, the licensee's right to use the property ceases, and their continued presence becomes unlawful.
By Expiry of Term: If the license was granted for a specific period, it terminates automatically upon the expiry of that period.
By Happening of Event: If the license was granted to terminate upon the happening of a specific event, it terminates when that event occurs.
By Extinction of Grantor's Interest (Section 62(a)): If the grantor's interest in the property comes to an end (e.g., a tenant who granted a license, their lease expires), the license also terminates.
By Extinction of Subject Matter (Section 62(b)): If the property in respect of which the license was granted is destroyed or permanently altered.
By Licensee Ceasing to Have Interest (Section 62(c)): If the license was granted for a specific purpose or tied to another right, and that purpose ceases or the other right is extinguished.
By Licensee's Death (Section 62(d)): As licenses are personal, the death of the licensee generally terminates the license.
By Licensee's Renunciation (Section 62(e)): The licensee can voluntarily give up the license.
By Licensee Transferring Property (Section 62(f)): If the license was granted for the benefit of a specific property owned by the licensee, and the licensee transfers that property to a third party, the license terminates.
By Licensee Becoming Co-owner (Section 62(g)): If the licensee becomes a co-owner of the grantor's property.
By Non-Use: Although not a direct ground for termination like in easements, prolonged non-use might sometimes be evidence of implied renunciation.

Licenses coupled with transfer of interest

As a license is merely a permission and does not create an interest in the property, it is generally distinguishable from transfers of property or interests therein (like sale, lease, mortgage, easement). However, a license may sometimes be granted along with a transfer of an interest in property.

When a license is granted alongside and is necessary for the enjoyment of an interest in immovable property that has been transferred to the licensee, the license becomes irrevocable as long as that interest exists. The license is considered accessory to the interest conveyed.

Example:

Example. A sells to B the standing timber on A's land, with the agreement that B can enter the land for six months to cut and remove the timber.

Answer:

The sale of standing timber is a transfer of interest in movable property (as standing timber intended to be cut is treated as movable property under Section 3 TPA read with definition of immovable property). The permission for B to enter A's land is a license. This license is coupled with the transfer of interest in the timber. Therefore, A cannot revoke the license before the expiry of the six-month period, as it is necessary for B to enjoy the transferred right to the timber.

Section 56 of the Easements Act mentions that a license cannot be transferred by the licensee or exercised by his servants or agents unless a contrary intention is expressed or implied, OR unless it is annexed to the ownership or occupation of other immovable property, or is a license to attend a public resort, or is a license to fell and remove timber or growing crops.

License revocable or irrevocable

The general rule under Section 60 of the Easements Act is that a license may be revoked by the grantor at any time, unless:

It is coupled with a transfer of property and such transfer is in force: As discussed above, if the license is accessory to a valid transfer of an interest in property.
The licensee, acting upon the license, has executed a work of a permanent character and has incurred expense in the execution: This is a significant exception based on equitable estoppel. If the grantor permits the licensee to do something on their land, and the licensee relies on this permission to build something permanent and spends money doing so, the grantor may be prevented from revoking the license, especially if the work cannot be undone or the expenditure is substantial and permanent.
Example:

Example. A allows his neighbour B to build a concrete wall on A's land to prevent soil erosion from B's adjacent property. B constructs the wall at significant cost.

Answer:

B, acting on the license from A, has executed a permanent work (concrete wall) and incurred expense. A may be prevented from revoking the license to maintain the wall or requiring B to remove it, based on Section 60(b).
Specific agreement not to revoke: While a license is generally revocable at will, if the grantor specifically agrees (often for consideration) not to revoke the license for a certain period, and the licensee acts upon this, the grantor might be liable for damages for wrongful revocation, although the license itself might still be considered legally revocable except under the specific exceptions mentioned in Section 60.

In summary, a license is a personal, revocable permission. It becomes irrevocable only in limited circumstances, primarily when coupled with a transfer of interest or when the licensee incurs significant expenditure on permanent works based on the license.