#easement by necessity

The Andhra Pradesh High Court ruled that prolonged but temporary use of Gramakantam land for access does not create a legal easement, even if it is the only route to a residence. Public panchayat land remains inalienable community property, and private claims based on necessity alone cannot override statutory protections for village common land.

The Calcutta High Court ruled that a tenant’s half-century of continuous, unchallenged use of a landlord’s compound for vehicle delivery constitutes an implied easement by grant, not mere permissive use. This sets a critical precedent for commercial tenants in urban property disputes, affirming that long-standing, essential operational practices can crystallize into legally enforceable rights even without written agreement.