22. Exercise of easement, Confinement of exercise of easement.
- The dominant owner must exercise his right in the mode which is least onerous to the servient owner; and, when the exercise of an easement can, without detriment the dominant owner, be confined to a determinate part of the servient heritage, such exercise shall, at the request of the servient owner, be so confined.Illustrations(a)A has a right of way over B's field, a must enter the way at either end and not at any intermediate point.(b)A has a right annexed to his house to cut thatching grass in B's swamp. A. when exercising his casement, must cut the grass so that the plants may not be destroyed.
