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Indian Encasements Act, 1882


24. Right to do acts to secure enjoyment

The dominant owner is entitled, as against the servant owner, to do all acts necessary to secure the fully enjoyment of the easement; but such acts must be done at such time and in such manner as, without detriment to the dominant owner, to cause the servant owner as little inconvenience as possible; and the dominant owner must repair, as far as practicable, the damage (if any) caused by the act to the servant heritage.

Accessory rights : Right to do acts necessary to secure the full enjoyment of an easement are called accessory right.

Illustrations

(a) A has an easement to lay pipes in B's land to convey water to A's cistern. A may enter and dig the land in order to mend the pipes, but he must restore the surface to its original state.

(b) A has an easement of a drain through B's land. The sewer with which the drain communicates is altered. A may enter upon B's land and alter the drain, to adapt it to the new sewer:

PROVIDED that he does not thereby impose any additional burden on B's land.

(c) A, as owner of a certain house, has a right of way over B's land. The way is out of repair, or a tree is blown down and falls across it. A may enter on B's land repair the way or remove the tree from it.

(d) A, as owner of a certain field, has a right of way over B's land. B renders the way impassable. A may deviate from the way and pass over the adjoining land to B:

PROVIDED that the deviation is reasonable.

(e) A, as owner of a certain house, has a right of way over B's field. A may remove rocks to make the way.

(f) A has an easement of support from B's wall. The wall gives way. A may enter upon B's land and repair the wall.

(g) A has an easement to have his land flooded by means of a dam in B's stream. The dam is half swept by an inundation. A may enter upon B's land and repair the dam.



Indian Encasements Act, 1882 Back




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