Indian Easements Act,1882
Act No : 5
Section : Right to alter mode of enjoyment
23. Right to alter mode of enjoyment.-Subject to the provisionsof section 22, the dominant owner may, from time to time, alter themode and place of enjoying the easement, provided that he does notthereby impose any additional burden on the servient heritage. Exception.--The dominant owner of a right of way cannot vary hisline of passage at pleasure, even though he does not thereby imposeany additional burden on the servient heritage. Illustrations (a) A, the owner of a saw-mill, has a right to a flow of watersufficient to work the mill. He may convert the saw-mill into a corn-mill, provided that it can be worked by the same amount of water. (b) A has a right to discharge on B's land the rain-water fromthe eaves of A's house. This does not entitle A to advance his eavesif, by so doing, he imposes a greater burden on B's land. (c) A, as the owner of a paper-mill, acquires a right to pollutea stream by pouring in the refuse-liquor produced by making in themill paper from rags. He may pollute the stream by pouring in similarliquor produced by making in the mill paper by a new process frombamboos, provided that he does not substantially increase the amount,or injuriously change the nature, of the pollution. (d) A, a riparian owner, acquires, as against the lower riparianowners, a prescriptive right to pollute a stream by throwing sawdustinto it. This does not entitle A to pollute the stream by discharginginto it poisonous liquor.
Read All Comments
