Indian Easements Act,1882

Act No : 5

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Section : Partition of dominant heritage

30. Partition of dominant heritage.-Where a dominant heritage isdivided between two or more persons, the easement becomes annexed toeach of the shares, but not so as to increase substantially the burdenon the servient heritage: Provided that such annexation is consistentwith the terms of the instrument, decree or revenue-proceeding (ifany) under which the division was made, and, in the case ofprescriptive rights, with the user during the prescriptive period. Illustrations (a) A house to which a right of way by a particular path isannexed is divided into two parts, one of which is granted to A, theother to B. Each is entitled, in respect of his part, to a right ofway by the same path. (b) A house to which is annexed the right of drawing water from awell to the extent of fifty buckets a day is divided into two distinctheritages, one of which is granted to A, the other to B. A and B areeach entitled, in respect of his heritage, to draw from the well fiftybuckets a day; but the amount drawn by both must not exceed fiftybuckets a day. (c) A, having in respect of his house an easement of light,divides the house into three distinct heritages. Each of thesecontinues to have the right to have its windows unobstructed.

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