law: Indian Easements Act, 1882
  13. Easements of necessity and quasi easements
  Where one person transfers or bequeaths immovable property to
  
  another-
  (a) if an easement in other immovable property of the transferor
  
  or testator is necessary for enjoying the subject of the transfer or bequest,
  
  the transferee or legatee shall be entitled to such easement; or
  (b) if such an easement is apparent and continuous and necessary
  
  for enjoying the said subject as it was enjoyed when the transfer or bequest
  
  took effect, the transferee or lessee shall, unless a different intention is
  
  expressed or necessarily implied, be entitled to such easement;
  (c) if an easement in the subject of the transfer or bequest is
  
  necessary for enjoying other immovable property of the transferor or testator,
  
  the transferor or the legal representative of the testator shall be entitled to
  
  such easement; or
  (d) if such an easement is apparent and continuous and necessary
  
  for enjoying the said property as it was enjoyed when the transfer or bequest
  
  took effect, the transferor, or the legal representative of the testator,
  
  shall, unless a different intention is expressed or necessarily implied, be
  
  entitled to such easement.
  Where a partition is made of the joint property of several
  
  persons,-
  (e) if an easement over the share of one of them is necessary
  
  for enjoying the share of another of them, the latter shall be entried to such
  
  easement; or
  (f) if such an easement is apparent and continuous and necessary
  
  for enjoying the share of the latter as it was enjoyed when the partition took
  
  effect, he shall, unless the different intention is expressed or necessarily
  
  implied, be entitled to such easement.
  The easements mentioned in this section, clauses (a), (c) and
  
  (e) are called easements of necessity.
  Where immovable property passes by operation of law, the persons
  
  from and to whom it so passes are, for the purpose of this section, to be
  
  deemed, respectively, the transferor and transferee.
  Illustrations
  (a) A sells B a field then used for agricultural purposes only.
  
  It is inaccessible except by passing over A’s adjoining land or by trespassing
  
  on the land of a stranger. B is entitled to a right of way, for agricultural
  
  purposes only, over A’s adjoining land to the field sold.
  (b) A, the owner of two field, sells one to B, and retains the
  
  other. The field retained was, at the date of the sale, used for agricultural
  
  purposes only, and is inaccessible except by passing over the field sold to B.
  
  A is entitled to a right to way, for agricultural purposes only, over B’s field
  
  to the field retained.
  (c) A sells B a house with windows overlooking A's land which A
  
  retains. The light which passes over A’s land to the windows is necessary for
  
  enjoying the house as it was enjoyed when the sale took effect. B is entitled
  
  to the light, and A cannot afterwards obstruct it by building on his land.
  (d) A sells B a house with windows overlooking A’s land. The
  
  light passing over A’s land to the windows is necessary for enjoying the house
  
  as it was enjoyed when the sale took effect. Afterwards A sells the land to C.
  
  Here C cannot obstruct the light by building on the land, for he takes it
  
  subject to the burdens to which it was subject in A’s hands.
  (e) A is the owner of a house and adjoining land. The house has
  
  windows overlooking the land. A simultaneously sells the house to B and the
  
  land to C. The light passing over the land is necessary for enjoying the house
  
  as it was enjoyed when the sale took effect. Here A impliedly grants B a right
  
  to the light, and C takes the land subject to the restriction that he may not
  
  build so as to obstruct such right.
  (f) A is the owner of a house and adjoining land. The house has
  
  windows overlooking the land. A, retaining the house, sells the land to B,
  
  without expressly reserving any easement. The light passing over the land is
  
  necessary for enjoying the house as it was enjoyed when the sale took effect. A
  
  is entitled to the light, and B cannot build on the land so as to obstruct such
  
  light.
  (g) A, the owner of a house, sells B a factory built on
  
  adjoining land. B is entitled, as against A, to pollute the air, when
  
  necessary, with smoke and vapors from the factory.
  (h) A, the owner of two adjoining houses, Y and Z, sells Y to B,
  
  and retains Z. B is entitled to the benefit of all the gutters and drains
  
  common to the two houses and necessary for enjoying Y as it was enjoyed when
  
  the sale took effect, and A is entitled to the benefit of all the gutters and
  
  drains common to the two houses and necessary for enjoying Z as it was enjoyed
  
  when the sale took effect.
  (i) A, the owner of two adjoining building, sells one to B,
  
  retaining the other. B is entitled to a right to lateral support from A's
  
  building, and A is entitled to a right to lateral support from B’s building.
  (j) A, the owner of two adjoining buildings, sells one to B and
  
  the other to C. C is entitled to lateral support from B's building, and B is
  
  entitled to lateral support from C’s building.
  (k) A grants lands to B for the purpose of building a house
  
  thereon. B is entitled to such amount of lateral and subjacent support from A’s
  
  land as is necessary for the safety of the house.
  (l) Under the Land Acquisition Act, 1870, a railway company
  
  compulsorily acquires a portion of B's land for the purpose of making a siding.
  
  The company is entitled to such amount of lateral support from B's adjoining
  
  land as is essential for the safety of the siding.
  (m) Owing to the partition of joint property, A becomes the
  
  owner of an upper room in a building and B becomes the owner of the portion of
  
  the building immediately beneath it, A is entitled to such amount of vertical
  
  support from B's portion as is essential for the safety of the upper room.
  (n) A lets a house and grounds to B for a particular business. B
  
  has no access to them other than by crossing A's land. B is entitled to a right
  
  of way over that land suitable to the business to be carried on by B in the
  
  house and grounds.