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AMJAD SAEED vs MUHAMMAD SAEED S — 2023 MLD 115 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 MLD 115 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
MLD
Parties
AMJAD SAEED vs MUHAMMAD SAEED S
Provisions referred to
S. 4---E

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AMJAD SAEED VS MUHAMMAD SAEED S. 4---Easement, definition of---Essential qualities of easement---Dominant heritage---Dominant owner---Easement is a right which the owner or occupier of certain land possessed, as such for the beneficial enjoyment of that land ,to do so and continue to do something, or to prevent and continue to present something being done, in or upon or in respect of certain other land not his own---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 of such land thereof the servient owner---Essential qualities of an easement generally were that (i) it is incorporeal; (ii) it is imposed on corporeal property and not on the owner of it; (iii) it confers no right of share in the profits from such property; (iv) it is imposed for the benefit of corporeal property; and (v) it involves two distinct tenements, the one which enjoys the easement, that is, to which the easement belongs or to which it is attached, called the 'dominant tenement' or 'dominant estate' and the other on which the easement rests or is imposed called 'the servient tenement' or 'servient estate'.

Other judgments reported in 2023 MLD

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