Easement Deed Format in India — Templates
An Easement is a legal right by which the owner of one property uses or restricts the use of a neighbouring property — such as a right of way, light, air, water flow, or support. In India, easements are governed by the Indian Easements Act, 1882. Download free Easement deed, grant, and revocation templates here.
What is Easement Deed?
An Easement is a right which the owner or occupier of a piece of land (the dominant heritage) possesses over the land of another (the servient heritage) for the beneficial enjoyment of their own land. It is a right in rem attached to the land, not to the person.
In India, easements are governed by the Indian Easements Act, 1882. Section 4 defines an easement as 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 other land not his own.
Common examples include a right of way (passage over another's land), a right to light and air, a right to support for a building, a right to the flow of water (riparian rights), and a right of sewage or drainage.
Easements may be acquired by express grant, by prescription (continuous, uninterrupted enjoyment for 20 years under Section 15, or 30 years against government land), by necessity under Section 13, or by custom. An easement may be extinguished by release, by the dominant and servient heritages coming into common ownership, or by non-enjoyment for 20 years. Easement deeds are admissible as evidence under the Bharatiya Sakshya Adhiniyam, 2023.
When is Easement Deed Required?
Granting a right of way — when a landlocked owner needs passage over a neighbour's land to reach a public road.
Light and air rights — when a building owner secures the right to receive light and air through specified windows or openings.
Support for buildings — when adjoining structures depend on each other for structural support.
Water and drainage — when an owner needs the right to draw water, channel its flow, or discharge sewage across another's land (riparian and drainage rights).
Preventing acquisition of an easement — when a servient owner wants to stop a neighbour from acquiring a prescriptive easement of light.
Releasing or revoking an easement — when the dominant owner relinquishes the right, or the servient owner seeks termination.
All Easement Deed Templates — Download Free
- Agreement Between A Riparian Owner As To Right To Impede Flow Of WaterDownload
- Agreement For Preventing Acquisition Of An Easement Of LightDownload
- Form1Download
- Grant Of A Right Of SewageDownload
- Grant Of A Right Of Way In PerpetuityDownload
- Grant Of An Easement Of Support For A BuildingDownload
- Grant Of Easement Right To Light And AirDownload
- Notice For Revocation Of EasementDownload
- Release Of Easement Of Right Of WayDownload
Disclaimer: This template is provided for general informational and drafting reference purposes only. It does not constitute legal advice. Stamp duty, registration, and procedural requirements may vary by state. Consult a qualified advocate before executing or filing any legal document. For more details, see our Disclaimer.
Quick Overview
How To Draft Easement Deed Documents — Step by Step Guide
- 1
Title, Date, and Stamp Paper
Use a clear heading — "Deed of Grant of Easement", "Grant of Right of Way", or "Release of Easement". Execute on non-judicial stamp paper of the value prescribed under the applicable State Stamp Act.
- 2
Identify the Parties and the Two Heritagesgrantorgrantee
State the full name, address, and details of the (owner of the servient heritage) and the (owner of the dominant heritage). Clearly describe both the dominant and servient lands with boundaries and survey numbers.
- 3
Define the Easement Right Granted
Specify the exact right — right of way, light and air, support, sewage, or water flow — its dimensions (width of path, height of light), its location on the servient land, and whether it is permanent or for a fixed term.
- 4
State Conditions and Restrictions
Record any conditions, restrictions, maintenance obligations, and limits on the use of the easement, along with the consideration (if any) paid for the grant.
- 5
Address Duration and Revocationin perpetuity
State whether the easement is granted or for a limited period, and the circumstances under which it may be revoked or released under the Indian Easements Act, 1882.
- 6
Execution, Witnesses, and Registrationregistered under Section 17 of the Registration Act, 1908
The grantor and grantee sign before two witnesses. An easement deed creating a permanent right over immovable property must be to be valid and enforceable.
Frequently Asked Questions
What is an easement in legal terms?
An easement is a legal right allowing one party to use or restrict the use of another party’s land for a specific purpose.
What types of easements are covered in these templates?
Templates cover easements related to rights of way, light and air, sewage, support for buildings, and water flow.
How do I grant a right of way easement?
By executing a formal grant document specifying the terms and duration of the right of way.
What is a notice for revocation of easement?
It is a formal notice to terminate or revoke an existing easement agreement.
Can easements be perpetual?
Yes, easements like right of way can be granted in perpetuity, meaning they last indefinitely.
What is a riparian owner agreement?
It is an agreement between owners of land adjacent to water bodies regarding rights to water flow.
What should be included in an easement agreement?
Details of parties, description of land, rights granted, duration, and any restrictions or conditions.
Are these easement templates legally binding?
Yes, once properly executed and registered as per local laws, these documents are legally enforceable.
How can an easement be released?
Through a release deed where the holder of the easement relinquishes their rights voluntarily.