LawgistThe Indian Easements Act
31Obstruction in case of excessive user
In the case of excessive user of an easement the servient owner may, without prejudice to any other remedies to which he may be entitled, obstruct the user, but only on the servient heritage: Provided that such user cannot be obstructed when the obstruction would interfere with the lawful enjoyment of the easement.
Illustration
A, having a right to the free passage over B's land of light to four windows six feet by four, increases their size and number. It is impossible to obstruct the passage of light to the new windows without also obstructing the passage of light to the ancient windows. B cannot obstruct the excessive user.
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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
