A, as the owner of a house, has a right to go on B's land and take water for the household out of a…
Illustration (b) to section 4 holds that this right to take spring water for household purposes is an easement. Under the Explanation to section 4, "to do something"…
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A, as the owner of a house, has a right to go on B's land and take water for the household out of a spring on that land. How does the Indian Easements Act, 1882 treat A's right?
Answer and explanation
Correct answer D
Illustration (b) to section 4 holds that this right to take spring water for household purposes is an easement. Under the Explanation to section 4, "to do something" includes the removal and appropriation by the dominant owner of anything growing or subsisting on the servient heritage. So a right that takes something away from the other's land can still be an easement in India; it is not a mere licence, and it arises only in respect of A's house, not as a natural right.