Indian Easements Act,1882
Act No : 5
Section : Servient owner not entitled to require continuance
50. Servient owner not entitled to require continuance.-Theservient owner has no right to require that an easement be continued;and, notwithstanding the provisions of section 26, he is not entitledto compensation for damage caused to the servient heritage inconsequence of the extinguishment or suspension of the easement, ifthe dominant owner has given to the servient owner such notice as willenable him, without unreasonable expense, to protect the servientheritage from such damage. Compensation for damage caused by extinguishment or suspension.-Where such notice has not been given, the servient owner is entitledto compensation for damage caused to the servient heritage inconsequence of such extinguishment or suspension. Illustration A, in exercise of an easement, diverts to his canal the water ofB's stream. The diversion continues for many years, and during thattime the bed of the stream partly fills up. A then abandons hiseasement, and restores the stream to its ancient course. B's land isconsequently flooded. B sues A for compensation for the damage causedby the flooding. It is proved that A gave B a month's notice of hisintention to abandon the easement, and that such notice was sufficientto enable B, without unreasonable expense, to have prevented thedamage. The suit must be dismissed.
