Illustrations
(a) A, as owner of a farm Y, has a right of way over B’s land to Y. Lying beyond Y, A has another farm Z, the beneficial enjoyment of which is not necessary for the beneficial enjoyment of Y. He must not use the easement for the purpose of passing to and from Z.
(b) A, as owner of a certain house, has a right of way to and from it. For the purpose of passing to and from the house, the right may be used, not only by A, but by the members of his family, his guests, lodgers, servants, workmen, visitors and customers; for this is a purpose connected with the enjoyment of the dominant heritage. So, if A lets the house, he may use the right of way for the purpose of collecting the rent and seeing that the house is kept in repair.
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More sections of this act
Section 1 · Short title.Section 2 · Savings.Section 3 · Construction of certain references to Act 15 of 1877 and Act 9 of 1871.Section 4 · "Easement" defined.Section 5 · Continuous and discontinuous, apparent and non-apparent, easements.Section 6 · Easement for limited time or on condition.Section 7 · Easements restrictive of certain rights.Section 8 · Who may impose easements.India Code, Government of India. Text fetched 24 Oct 2026. Source metadata reports last modification: 2018-04-16. Check the linked official text and subsequent notifications when applying a provision.