Indian Easements Act,1882

Act No : 5

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Section : Bar to use unconnected with enjoyment

21. Bar to use unconnected with enjoyment.-An easement must notbe used for any purpose not connected with the enjoyment of thedominant heritage. Illustrations (a) A, as owner of a farm Y, has a right of way over B's land toY. Lying beyond Y, A has another farm Z, the beneficial enjoyment ofwhich is not necessary for the beneficial enjoyment of Y. He must notuse the easement for the purpose of passing to and from Z. (b) A, as owner of a certain house, has a right of way to andfrom it. For the purpose of passing to and from the house, the rightmay be used, not only by A, but by the members of his family, hisguests, lodgers, servants, workmen, visitors and customers; for thisis a purpose connected with the enjoyment of the dominant heritage.So, if A lets the house, he may use the right of way for the purposeof collecting the rent and seeing that the house is kept in repair.

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