A, as owner of a house, has a right of way over B's land. C unlawfully enters B's land and obstructs A…
The Illustration to section 32 provides that "A may sue C for compensation, not for the entry, but for the obstruction." Section 32 entitles the dominant owner to enjoy the…
Choose your answer
A, as owner of a house, has a right of way over B's land. C unlawfully enters B's land and obstructs A in the use of his right of way. For what may A sue C under the Indian Easements Act, 1882?
Answer and explanation
Correct answer B
The Illustration to section 32 provides that "A may sue C for compensation, not for the entry, but for the obstruction." Section 32 entitles the dominant owner to enjoy the easement without disturbance by any other person. The land belongs to B, so the trespass is B's wrong; A's wrong is the disturbance of his easement, which he may sue for independently.