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Indian Encasements Act, 1882


9. Servant owners

Subject to the provisions of section 8, a servant owner may impose on the servant heritage any easement that does not lessen the utility of the exiting easement. But he cannot, without the consent of the dominant owner, impose an easement on the servant heritage which would lessen such utility.

Illustrations

(a) A has, in respect of his mill, a right to the uninterrupted flow thereto, from sunrise to noon, of the water of B's stream. B may grant to C the right to divert the water of the stream from noon to sunset:

PROVIDED that As supply is not thereby diminished.

(b) A has, in respect of his house, a right of way over Bs land. B may grant to C, as the owner of neighboring farm, the right to feed his cattle on the grass growing on the way:

PROVIDED that As right of way is not thereby obstructed.



Indian Encasements Act, 1882 Back




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