Indian Easements Act,1882
Act No : 5
Section : Servient owner not bound to do anything
27. Servient owner not bound to do anything.-The servient owneris not bound to do anything for the benefit of the dominant heritage,and he is entitled, as against the dominant owner, to use the servientheritage in any way consistent with the enjoyment of the easement: buthe must not do any act tending to restrict the easement or to renderits exercise less convenient. Illustrations (a) A, as owner of a house, has a right to lead water and sendsewage through B's land. B is not bound, as servient owner, to clearthe watercourse or scour the sewer. (b) A grants a right of way through his land to B as owner of afield. A may feed his cattle on grass growing on the way, providedthat B's right of way is not thereby obstructed; but he must not builda wall at the end of his land so as to prevent B from going beyond it,nor must he narrow the way so as to render the exercise of the rightless easy than it was at the date of the grant. (c) A, in respect of his house, is entitled to an easement ofsupport from B's wall. B is not bound, as servient owner, to keep thewall standing and in repair. But he must not pull down or weaken thewall so as to make it incapable of rendering the necessary support. (d) A, in respect of his mill, is entitled to a watercoursethrough B's land. B must not drive stakes so as to obstruct thewatercourse.---------------------------------------------------------------------1 But see s. 50, infra, as to extinguishment or suspension ofeasement.18 (e) A, in respect of his house, is entitled to a certain quantityof light passing over B's land. B must not plant trees so as toobstruct the passage to A's windows of that quantity of light.
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