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[Cites 0, Cited by 24] [Entire Act]

Union of India - Section

Section 24 in The Indian Easements Act, 1882

24. Right to do acts to secure enjoyment

.The dominant owner is entitled, as against the servient owner, to do all acts necessary to secure the full enjoyment of the easement; but such acts must be done at such time and in such manner as, without detriment to the dominant owner, to cause the servient owner as little inconvenience as possible, and the dominant owner must repair, as far as practicable, the damage (if any) caused by the act to the servient heritage.Accessory rights.Rights to do acts necessary to secure the full enjoyment of an easement are called accessory rights.Illustrations
(a)A has an easement to lay pipes in Bs land to convey water to As cistern. A may enter and dig the land in order to mend the pipes, but he must restore the surface to its original state.
(b)A has an easement of a drain through Bs land. The sewer with which the drain communicates is altered. A may enter upon Bs land and alter the drain, to adapt it to the new sewer, provided that he does not thereby impose any additional burden on Bs land.
(c)A, as owner of a certain house, has a right of way over Bs land. The way is out of repair, or a tree is blown down and falls across it. A may enter on Bs land and repair the way or remove the tree from it.
(d)A, as owner of a certain field, has a right of way over Bs land. B renders the way impassable. A may deviate from the way and pass over the adjoining land of B, provided that the deviation is reasonable.
(e)A, as owner of a certain house, has a right of way over Bs field. A may remove rocks to make the way.
(f)A has an easement of support from Bs wall. The wall gives way. A may enter upon Bs land and repair the wall.
(g)A has an easement to have his land flooded by means of a dam in Bs stream. The dam is half swept away by an inundation. A may enter upon Bs land and repair the dam.