Indian Easements Act, 1882

Section - 27 - Servient owner not bound to do anything

Servient owner not bound to do anything

27. The servient owner is not bound to do anything for the benefit of the dominant heritage, and he is entitled, as against the dominant owner, to use the servient heritage in any way consistent with the enjoyment of the easement, but he must not do any act tending to restrict the easement or to renders its exercise less convenient.

Illustrations

(a)- A, as owner of a house, has a right to lead water and send sewage through B's land. B is not bound, as servient owner to clear the watercourse or scour the sewer.
(b)- A grants a right of way through his land to B as owner of a field. A may feed his cattle on grass growing on the way :
-Provided that B's right of way is not thereby obstructed; but he must not build a wall at the end of his land so as to prevent B from going beyond it, nor must he narrow the way so as to render the exercise of the right less easy than it was at the date of the grant.
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