22: Exercise of easement. Confinement of exercise of easement

Confinement of exercise of easement. —The dominant owner must exercise his right in the mode which is least onerous to the servient owner; and, when the exercise of an easement can without detriment to the dominant owner be confined to a determinate part of the servient heritage, such exercise shall, at the request of the servient owner, be so confined. Illustrations (a) A has a right of way over B’s field. A must enter the way at either end and not at any intermediate point. (b) A has a right annexed to his house to cut thatching-grass in B’s swamp. A, when exercising his easement, must cut the grass so that the plants may not be destroyed.

Effective date: 1882-07-01

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