https://www.taxtmi.com/caselaws?id=126829 The winding-up court lacks statutory power to create encumbrances or grant a right of way over land owned by non-parties; an order purporting to impose such an easement on third party property is unsustainable and set aside. An easement of necessity arises only where, at severance, no practicable alternative access exists and the claimant bears the burden of proving absence of any alternative; an "as is where is" sale with express conveyance language selling free of encumbrances and evidence of an alternative albeit inconvenient route defeats a claim to an implied easement. The purchaser may take possession via the alternative route or seek a refund if that route is unusable. en-us Fri, 03 Mar 2000 00:00:00 +0530 Thu, 04 Jul 2013 17:44:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=126829 The winding-up court lacks statutory power to create encumbrances or grant a right of way over land owned by non-parties; an order purporting to impose such an easement on third party property is unsustainable and set aside. An easement of necessity arises only where, at severance, no practicable alternative access exists and the claimant bears the burden of proving absence of any alternative; an "as is where is" sale with express conveyance language selling free of encumbrances and evidence of an alternative albeit inconvenient route defeats a claim to an implied easement. The purchaser may take possession via the alternative route or seek a refund if that route is unusable. Case-Laws Companies Law Fri, 03 Mar 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=126829