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CHAPTER III THE INCIDENTS OF EASEMENTS

Section 22: Exercise of easement Confinement of exercise of easement

The Indian Easements Act, 1882

The dominant owner must exercise his right in the mode which is least onerous to the servient owner; and, when the exercise of an easement can without detriment to the dominant owner be confined to a determinate part of the servient heritage, such exercise shall, at the request of the servient owner, be so confined.

Illustrations

(a) A has a right of way over B’s field. A must enter the way at either end and not at any intermediate point.

(b) A has a right annexed to his house to cut thatching-grass in B’s swamp. A, when exercising his easement, must cut the grass so that the plants may not be destroyed.

Questions on this section

1 question in 4 of our papers cite Section 22. Try these from the free papers:

  1. 1. Under Section 22 of the Indian Easements Act, 1882, the dominant owner must exercise his easement:

Practise questions on Registration and Easements Acts