Property lawEasementsSupreme Court of India

Govindrao v Namdeo

AIR 2000 Supreme Court 156020001 min read
The case in brief30-second read
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.
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.
Principle
A landlocked parcel created by severance acquires an implied easement of necessity over the retained portion for access
Cite this

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

  1. 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.

Exam use

How to use it in an answer

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."

Cite this

Citation

Govindrao v. Namdeo AIR 2000 Supreme Court 1560

Reported: Mulla, Indian Easements Act. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.