Indian Easements Act,1882
Act No : 5
Section : Suit for disturbance of easement
33. Suit for disturbance of easement.-The owner of any interestin the dominant heritage, or the occupier of such heritage, mayinstitute a suit for compensation for the disturbance of the easementor of any right accessory thereto; provided that the disturbance hasactually caused substantial damage to the plaintiff. Explanation I.--The doing of any act likely to injure theplaintiff by affecting the evidence of the easement, or by materiallydiminishing the value of the dominant heritage, is substantial damagewithin the meaning of this section and section 34. Explanation II.--Where the easement disturbed is a right to thefree passage of light passing to the openings in a house, no damage issubstantial within the meaning of this section unless it falls withinthe first Explanation, or interferes materially with the physicalcomfort of the plaintiff, or prevents him from carrying on hisaccustomed business in the dominant heritage as beneficially as he haddone previous to instituting the suit. Explanation III.--Where the easement disturbed is a right to thefree passage of air to the openings in a house, damage is substantialwithin the meaning of this section if it interferes materially withthe physical comfort of the plaintiff, though it is not injurious tohis health. Illustrations (a) A places a permanent obstruction in a path over which B, astenant of C's house, has a right of way. This is substantial damage toC, for it may affect the evidence of his reversionary right to theeasement. (b) A, as owner of a house, has a right to walk along one side ofB's house. B builds a verandah overhanging the way about ten feet fromthe ground, and so as not to occasion any inconvenience to foot-passengers using the way. This is not substantial damage to A.
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