Indian Easements Act, 1882
9. Servant owners
Subject to the provisions of section 8, a servant owner may
impose on the servant heritage any easement that does not lessen the utility of
the exiting easement. But he cannot, without the consent of the dominant owner,
impose an easement on the servant heritage which would lessen such utility.
Illustrations
(a) A has, in respect of his mill, a right to the uninterrupted
flow thereto, from sunrise to noon, of the water of B's stream. B may grant to
C the right to divert the water of the stream from noon to sunset:
PROVIDED that A’s supply is not thereby diminished.
(b) A has, in respect of his house, a right of way over B’s
land. B may grant to C, as the owner of neighboring farm, the right to feed his
cattle on the grass growing on the way:
PROVIDED that A’s right of way is not thereby
obstructed.