Easements are rights which have been defined under the Indian Easements Act of 1882. It provides for two types of easements, namely Prescriptive Easements and Customary Easements.
Section 15 of the Act provides for Prescriptive easements, wherein, such easementry rights are customs till the time they are converted into rights and enforced by the law. There are various conditions that need to be fulfilled for prescriptive rights to be fulfilled or claimed.
These are-
Section 18 of The Indian Easements Act, 1882 provides for customary easements. These are easementry rights which arise out of the local customs of the area, which need not be converted into any rights or laws for them to be considered as enforceable in the court. They can be claimed even when they are not recognised as actual rights.
Unlike prescriptive easements, customary easements do not consist of a specified time period for which they can be claimed. As long as the local customs are into play, the shall be considered as naturally acquired easementry rights.
The unique feature about these easements are that these rights are specific and particular to the are in which they are practiced, and therefore cannot be acquired everywhere.
Example:
In a town, there is a custom that residents shall not construct any window in their houses, for it disrupts the privacy of their neighbours. Now, A, a new owner shifts into this town and constructs a house next to his neighbour, B. Both the houses cannot construct windows, and acquire this customary easement for the purpose of preventing the breach of invading the privacy of each other.