Indian Easements Act, 1882

Suit for disturbance of easement

33. The owner of any interest in the dominant heritage, or the occupier of such heritage, may institute a suit for compensation for the disturbance of the easement or of any right accessory thereto :

Provided that the disturbance has actually caused substantial damage to the plaintiff.

Explanation I : The doing of any act likely to injure the plaintiff by affecting the evidence of the easement, or by materially diminishing the value of the dominan the ritage, is substantial damage within the meaning of this section and section 34.

Explanation II : Where the easement disturbed is a right to the free passage of light passing to the openings in a house, no damage is substantial within the meaning of this section unless it falls within the first Explanation, or interferes materially with the physical comfort of the plaintiff, or prevents him from carrying on his accustomed business in the dominant heritage as beneficially as he had done previous to instituting the suit.

Explanation III : Where the easement disturbed is a right to the free passage of air to the opening in a house, damage is substantial within the meaning of this section, if it interferes materially with the physical comfort of the plaintiff, though it is not injurious to his health.

Illustrations

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A places a permanent obstruction in a path over which B, as tenant of C's house, has a right of way. This is substantial damage to C< .... To read the full section download the app from Google Play store Latest Job Openings View all 23 October 2026 Sr. Accountant SANKARAN & KRISHNAN New Delhi B.Com View Details ARTICLESHIP 20 October 2026 CA ARTICLE AMKN & CO Noida CA Inter View Details 12 November 2026 Auditor Oz Taxation Vijayawada Graduate (Any) View Details Featured ARTICLESHIP 28 October 2026 CA- Inter and Articles N N V Satish & Co., Hyderabad CA Inter View Details ARTICLESHIP 23 October 2026 Articled Trainee J Y & CO Hyderabad CA Inter View Details 24 October 2026 CA Industrial Trainee Fytomax Nutrition Private Limited Aurangabad CA Inter View Details ARTICLESHIP 23 October 2026 CA Articleship / Article Assistant M N Rao & Associates LLP Vijayawada CA Inter View Details 28 October 2026 Assistant Director/ Associate Director-Finance & Accounting Krea University Chennai CA View Details Share  Facebook  Twitter  Linkedin  Reddit  Email  Whatsapp  Gmail  Print  PDF  Telegram Finance and Tax WhatsApp groups list CCI All Updates (WA Group) CCI All Updates (WA Channel) CCI All Updates (Telegram Channel) GST Income Tax CA Final CA Inter CA Foundation CCI Jobs CS CCI Webinars CCI Pro Login at CAclubindia CAclubindia India's largest network for finance professionals User Name Password Remember Me Forgot Password ? Alternatively, you can log in using: Login with Google Don't have an account? Register Now click here to register Follow Us