Indian Easements Act,1882
Act No : 5
Section : Right to do acts to secure enjoyment
24. Right to do acts to secure enjoyment.-The dominant owner isentitled, 1* as against the servient owner, to do all acts necessaryto secure the full enjoyment of the easement; but such acts must bedone at such time and in such manner as, without detriment to thedominant owner, to cause the servient owner as little inconvenience aspossible; and the dominant owner must repair, as far as practicable,the damage (if any) caused by the act to the servient heritage. Accessory rights.-Right to do acts necessary to secure the fullenjoyment of an easement are called accessory rights. Illustrations (a) A has an easement to lay pipes in B's land to convey water toA's cistern. A may enter and dig the land in order to mend the pipes,but he must restore the surface to its original state. (b) A has an easement of a drain through B's land. The sewer withwhich the drain communicates is altered. A may enter upon B's land andalter the---------------------------------------------------------------------1 But see s. 36, infra, as to abatement of obstruction of easement.17drain, to adapt it to the new sewer, provided that he does not therebyimpose any additional burden on B's land. (c) A, as owner of a certain house, has a right of way over B'sland. The way is out of repair, or a tree is blown down and fallsacross it. A may enter on B's land and repair the way or remove thetree from it. (d) A, as owner of a certain field, has a right of way over B'sland. B renders the way impassable. A may deviate from the way andpass over the adjoining land of B, provided that the deviation isreasonable. (e) A, as owner of a certain house, has a right of way over B'sfield. A may remove rocks to make the way. (f) A has an easement of support from B's wall. The wall givesway. A may enter upon B's land and repair the wall. (g) A has an easement to have his land flooded by means of a damin B's stream. The dam is half swept away by an inundation. A mayenter upon B's land and repair the dam.
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