Chapter III THE INCIDENTS OF EASEMENTS

Rules controlled by contract or title.-The rules contained in this Chapter are controlled by any contract between the dominant and servient owners relating to the servient heritage, and by the provisions of the instrument or decree, if any, by which the easement referred to was imposed. Incidents sf customary easements.-And when any incident of any customary easement is inconsistent with such rules, nothing in this Chapter shall affect such incident.

Bar to use unconnected with enjoyment.-An easement must not be used for any purpose not connected with the enjoyment of the doininant heritage.

Exercise of easement. Confinement of exercise of cue-merit.-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 to 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.

Right to alter mode of enjoyment.-Subject to thi provisions of section 22, the dominant owner may, from time to time, alter the mode and p1,rce of enjoying the easement, provided that he does not thereby impose any additional burden on the servier~t heritage. Exception.-The dominant owner of a right of way cannot vary his line of passage at pleasure, even though he does not thereby impose any additional burden on the servient hexitage.

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 semient 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.

Liability for expenses necessary for preservation of easement.-The expenses incurred in constructing works, or making repairs, or doing any other act necessary for the use or preservation of an easement, must be defrayed by the dominant owner.

Liability for damage from want of repair.-Where an easement is enjoyed by means of an artificial work, the dominant owner is liable to make compensation for any damage to the servient heritage arising from the want of repair of such work.

Servient owner not bound to do anything.--The servient owner is not bomd to do anything for the benefit of the dominant heritage, and he is entitled, as against the dominant owner, to use the servient heritage in any way consistent with the enjoyment of the e,: fcment, but he must not do any act tending to restrict the ease1nerm.t or to render its exercise less convenient.

Extent of easements.--With respect to the extent of easements and the mode of their enjoyment, the following provisions shall take effect :-

Easement of necessity.--An easement of necessity is co-extensive with the necessity as it existed when the easement was imposed.

Other easements.--The extent of any other easement and the mode of its enjoyment must be fixed with reference to the probable intention of the parties and the purpose for which the right was imposed or acquired.

In the absence of evidence as to such intention and purpose--

1. (a) Right of way--a right of way of any one kind does not include a right of way of any other kind ;
2. (b) Right to light or air acquired by grant--the extent of a right to the passage of light or air to a certain window, door or other opening, imposed by a testamentary or non-testamentary instrument, is the quantity of light or air that entered the opening at the time the testator died or the non-testamentary instrument was made ;
3. (c) Prescriptive right to light or air--the extent of a prescriptive right to the passage of light or air to a certain window, door or other opening is that quantity of light or air which has been accustomed to enter that opening during the whole of the prescriptive period irrespectively of the purposes for which it has been used.
4. (d) Prescriptive right to pollute air or water--the extent of a prescriptive right to pollute air or water is the extent of the pollution at the commencement of the period of user on completion of which the right arose ; and
5. (e) Other prescriptive rights--the extent of every other prescriptive right and the mode of its enjoyment must be determined by the accustomed user of the right.

Increase of easement.--The dominant owner cannot, by merely altering or adding to the dominant heritage, substantially increase an easement.

Where an easement has been granted or bequeathed so that its extent shall be proportionate to the extent of the dominant heritage, if the dominant heritage is increased by alluvion, the easement is proportionately increased, and, if the dominant heritage is diminished by diluvion, the easement is proportionately diminished.

Partition of dominant heritage Partition of dominant heritage.--Where a dominant heritage is divided between two or more persons, the easement becomes annexed to each of the shares, but not so as to increase substantially the burden on the servient heritage :

Provided that such annexation is consistent with the terms of the instrument, decree or revenue proceeding (if any) under which the division was made, and, in the case of prescriptive rights, with the user during the prescriptive period.

Obstruction in case of excessive user.--In the case of excessive user of an easement the servient owner may, without prejudice to any other remedies to which he may be entitled, obstruct the user, but only on the servient heritage :

Provided that such user cannot be obstructed when the obstruction would interfere with the lawful enjoyment of the easement.