Govindrao v. Namdeo
Rule established
A landlocked parcel created by severance acquires an implied easement of necessity over the retained portion for access
Facts
- A common owner sold the inner portion of land, retaining the outer portion with road access
- The sold inner portion was completely landlocked with no way to reach the public road except through the retained outer portion
- The buyer of the inner portion claimed an easement of necessity
Issue
- Whether an easement of necessity arises by implication when severance of common ownership creates a landlocked parcel.
Held
- Yes. Under S.13 of the Easements Act, an easement of necessity is implied by law when: (1) there is severance of common ownership; (2) one portion becomes landlocked (no other access to public road); (3) the easement is strictly necessary for the use of the dominant heritage.
Ratio Decidendi
An easement of necessity arises not from grant but from the nature of the situation created by severance. When a common owner creates a landlocked situation by selling part of their land, it is presumed they intended the buyer to have access. Without such access, the property would be useless.
How to use it in an exam
Use in any problem involving landlocked land or severance of heritage. Key line: "A landlocked parcel created by severance automatically acquires an implied easement of necessity for access."
Source
Source: Mulla, Indian Easements Act
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.