A, as owner of a house, has a right to lead water and send sewage through B's land. The watercourse…
Illustration (a) to section 27 states that "B is not bound, as servient owner, to clear the watercourse or scour the sewer." Section 27 provides that the servient owner is…
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A, as owner of a house, has a right to lead water and send sewage through B's land. The watercourse silts up and the sewer chokes. A sues B to make him clean them. Under section 27 of the Indian Easements Act, 1882:
Answer and explanation
Correct answer D
Illustration (a) to section 27 states that "B is not bound, as servient owner, to clear the watercourse or scour the sewer." Section 27 provides that the servient owner is not bound to do anything for the benefit of the dominant heritage. The work and expense of keeping the easement in order fall on the dominant owner.