Section 22 of the Indian Easements Act, 1882 – Exercise of easement Confinement of exercise of easement

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Section 22: Exercise of easement Confinement of exercise of easement

22. Exercise of easement Confinement of exercise of easement.—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.

Source: official text of The Indian Easements Act, 1882 as published on India Code (PDF). All sections of the Indian Easements Act, 1882.

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