Section 20 to 31 of the Act deals with the Incidents of Easements.
The right of easements gives rise to certain incidental rights,duties,benefits,etc., both on the dominant owner and servient owner.The rules relating to such incidental right etc.,are controlled by contracts between dominant and servient owners relating to the servient heritage.However such contracts cannot affect incidents arising out of customary easements.
Rules of Incidental Easements :
The following are the rules of incidents of easements.
1. An Easements must not be used for any purpose not connected with the enjoyment of the dominant heritage.
Eg:- "A" an owner of a house lets it for rent,along with the land adjacent to it to "B".Now "a" has a right of way in the land only for the purpose of collecting rent or repair.
2. The dominant owner must exercise his right in such a way that it creates least inconvenience to the servant owner.
Eg:- "A" has a right of way over "B"'s field."A" must use the established way and must not create a new way.
3. The dominant owner may,from time to time,alter the mode of enjoying the easements.However by such alteration,he should not impose any aditional burden on the servient heritage.Further just for fun or pleasure the dominant owner cannot alter the enjoyment of easement though it does not impose any additional burden.
4. The dominant owner is entitled to do all acts necesasary to secure the full enjoyment of the easement but he must do such acts without causing inconvenience to the servient owner and damage to the servient heritage.This right of the dominant owner is called "Accessory Right".
5. The expenses incurred in constructing works or making repairs for the use or preservation of easements must be borne by the dominant owner.
6. In an easements which is enjoyed by means of an artificial work,then the damage caused to the servient heritage must be compensated by the dominant owner.
7. The servient owner need not do anything for the benefit of the dominant heritage and he can use the servient heritage in any matter but without affecting the enjoyment of the easement.
8. In deciding the extent of easement and mode of its enjoyment the intention of the parties and the purposes of which the easements was acquired must be considered.
In the absence of evidence for intention and purpose the following are the rules:
a. In the case of right of way,one kind does not include right of any other kind.
b. In the case of right to light or air acquired by grants,the quantity of light or air available during the whole of prescripition period is considered.
9. Easements can be increased by alluvion and diminished by diluvion and it cannot be increased by mere altering or adding to the dominant heritage and for that matter,easement is not at all affected by any change in the dominant or servient heritage.
10. When a dominant heritage is divided between two or more persons,the easements becomes annexed to each of the shares.
Eg:- A house is divided into two parts and given to two persons.Each is entitled for right of way.
11. In the cae of excessive use of an easemnt the servient owner may obstruct the user on the servient heritage only.Furthur such obstruction should not affect the lawful enjoyment of easement.
It is helpful to know the rules of incidents of easements.