Indian Easements Act,1882
Act No : 5
Section : Increase of easement
29. Increase of easement.-The dominant owner cannot, by merelyaltering or adding to the dominant heritage, substantially increase aneasement. Where an easement has been granted or bequeathed so that itsextent shall be proportionate to the extent of the dominant heritage,if the dominant heritage is increased by alluvion, the easement isproportionately increased, and, if the dominant heritage is diminishedby diluvion, the easement is proportionately diminished.19 Save as aforesaid, no easement is affected by any change in theextent of the dominant or the servient heritage. Illustrations (a) A, the owner of a mill, has acquired a prescriptive right todivert to his mill part of the water of a stream. A alters themachinery of his mill. He cannot thereby increase his right to divertwater. (b) A has acquired an easement to pollute a stream by carrying ona manufacture on its banks by which a certain quantity of foul matteris discharged into it. A extends his works and thereby increases thequantity discharged. He is responsible to the lower riparian ownersfor injury done by such increase. (c) A, as the owner of a farm, has a right to take, for thepurpose of manuring his farm, leaves which have fallen from the treeson B's land. A buys a field and unites it to his farm. A is notthereby entitled to take leaves to manure this field.
Read All Comments
