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Indian Encasements Act, 1882


31. Obstruction in case of excessive user

In the case of excessive user of an easement the servant owner may, without prejudice to any other remedies to which he may be entitled, obstruct the user, but only on the servant 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, 6" x 4", increases their seize 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.



Indian Encasements Act, 1882 Back




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