B, a tenant of C's house, uses a path under a right of way annexed to the house. A places a permanent…
Illustration (a) to section 33 holds that the permanent obstruction "is substantial damage to C, for it may affect the evidence" of C's reversionary right to the easement.…
Choose your answer
B, a tenant of C's house, uses a path under a right of way annexed to the house. A places a permanent obstruction on the path. C, the landlord, sues A. Under section 33 of the Indian Easements Act, 1882:
Answer and explanation
Correct answer A
Illustration (a) to section 33 holds that the permanent obstruction "is substantial damage to C, for it may affect the evidence" of C's reversionary right to the easement. Section 33 allows the owner of any interest in the dominant heritage, or its occupier, to sue for disturbance that has caused substantial damage. Explanation I to section 33 treats an act likely to injure the plaintiff "by affecting the evidence of the easement" as substantial damage.