Indian Easements Act,1882

Act No : 5

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Section : Servient owners

9. Servient owners.-Subject to the provisions of section 8, aservient owner may impose on the servient heritage any easement thatdoes not lessen the utility of the existing easement. But he cannot,without the consent of the dominant owner, impose an easement on theservient heritage which would lessen such utility. Illustrations (a) A has, in respect of his mill, a right to the uninterruptedflow thereto from sunrise to noon of the water of B's stream. B maygrant to C the right to divert the water of the stream from noon tosunset: Provided that A's supply is not thereby diminished. (b) A has, in respect of his house, a right of way over B's land.B may grant to C, as the owner of a neighbouring farm, the right tofeed his cattle on the grass growing on the way: Provided that A'sright of way is not thereby obstructed.

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