Lawgist21Bar to use unconnected with enjoyment
An easement must not be used for any purpose not connected with the enjoyment of the dominant heritage.
Illustrations
(a) A, as owner of a farm Y, has a right of way over B’s land to Y. Lying beyond Y, A has another farm Z, the beneficial enjoyment of which is not necessary for the beneficial enjoyment of Y. He must not use the easement for the purpose of passing to and from Z.
(b) A, as owner of a certain house, has a right of way to and from it. For the purpose of passing to and from the house, the right may be used, not only by A, but by the members of his family, his guests, lodgers, servants, workmen, visitors and customers; for this is a purpose connected with the enjoyment of the dominant heritage. So, if A lets the house, he may use the right of way for the purpose of collecting the rent and seeing that the house is kept in repair.
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- 20 Rules controlled by contract or title
- 21 Bar to use unconnected with enjoyment
- 22 Exercise of ease dent. Confinement of exercise of easement
- 23 Right to alter mode of enjoyment
- 24 Right to do acts to secure enjoyment
- 25 Liability for expenses necessary for preservation of easement
- 26 Liability for damage from want of repair
- 27 Servient owner not bound to do anything
- 28 Extent of easements
- 29 Increase of easement
- 30 Partition of dominant heritage
- 31 Obstruction in case of excessive user
