LawgistThe Indian Easements Act
22Exercise of ease dent. Confinement of exercise of easement
The dominant owner must exercise his right in the mode which is least onerous to the servient owner; and when the exercise of an easement can without detriment to the dominant owner be confined to a determinate part of the servient heritage, such exercise shall, at the request of the servient owner, be so confined.
Illustrations
(a) A has a right of way over B’s field. A must enter the way at either end and not at any intermediate point.
(b) A has a right annexed to his house to cut thatching-grass in B's swamp. A, when exercising his easement, must cut the grass so that the plants may not be destroyed.
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THE INCIDENTS OF EASEMENTS
- 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
