Question
Under Section 22 of the Indian Easements Act, 1882, what
is the governing rule regarding the mode of exercise of an easement by the dominant owner?Solution
Section 22 of the Indian Easements Act, 1882 embodies the principle of minimum burden the dominant owner must always exercise their easement right in the manner that is least onerous to the servient owner. This principle prevents dominant owners from exploiting their easement rights beyond what is reasonably necessary. Further, where the exercise of the easement can without any detriment to the dominant owner be confined to a determinate part of the servient heritage, the servient owner may require it to be so confined. Section 23 complements Section 22 by allowing the dominant owner to alter the mode and place of exercise from time to time, provided no additional burden is imposed on the servient heritage. However, a specific exception under Section 23 provides that a dominant owner of a right of way cannot vary the line of passage at pleasure, even without additional burden because varying a right of way without cause could disrupt the servient owner's use of their land. Section 24 further provides that the dominant owner may do all accessory acts necessary to secure full enjoyment of the easement but must repair any damage caused and cause as little inconvenience as possible.
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