A, in respect of his house, has a right of way over B's land. B grants C, the owner of a neighbouring…
Illustration (b) to section 9 allows B to grant C the right to feed cattle on the grass growing on the way, "Provided that A's right of way is not thereby obstructed". A…
Choose your answer
A, in respect of his house, has a right of way over B's land. B grants C, the owner of a neighbouring farm, the right to feed his cattle on the grass growing on the way. A objects. Under section 9 of the Indian Easements Act, 1882:
Answer and explanation
Correct answer C
Illustration (b) to section 9 allows B to grant C the right to feed cattle on the grass growing on the way, "Provided that A's right of way is not thereby obstructed". A servient owner may impose further easements that do not lessen the utility of the existing one. Only an easement that would lessen A's use of the way needs A's consent.