Bar to use unconnected with enjoyment
Section 21 of the Indian Easements Act, 1882 deals with bar to use unconnected with enjoyment. An easement must not be used for any purpose not connected with the enjoyment of the dominant heritage. The Act came into force on 01 Jul 1872.
An easement must not be used for any purpose not connected with the enjoyment of the dominant heritage.
Illustrations
(a) A, as owner of a farm Y, has a right of way over B’s land to Y. Lying beyond Y, A has another farm Z, the beneficial enjoyment of which is not necessary for the beneficial enjoyment of Y. He must not use the easement for the purpose of passing to and from Z.
(b) A, as owner of a certain house, has a right of way to and from it. For the purpose of passing to and from the house, the right may be used, not only by A, but by the members of his family, his guests, lodgers, servants, workmen, visitors and customers; for this is a purpose connected with the enjoyment of the dominant heritage. So, if A lets the house, he may use the right of way for the purpose of collecting the rent and seeing that the house is kept in repair.
Section 21, The Indian Easements Act, 1882 (Act 5 of 1882).
Questions about Section 21
What does Section 21 of the Indian Easements Act deal with?
Section 21 of the Indian Easements Act is headed "Bar to use unconnected with enjoyment". An easement must not be used for any purpose not connected with the enjoyment of the dominant heritage.
How do I find court cases under Section 21 of the Indian Easements Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Indian Easements Act 1882 21, section 21 Indian Easements Act 1882, section 21 of the Indian Easements Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 21 of the Indian Easements Act come into force?
Section 21 of the Indian Easements Act, cited as Indian Easements Act 1882 21, came into force on 01 Jul 1872, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
Other sections of this Act
- 13. Easements of necessity and quasi easements1090 words
- 7. Easements restrictive of certain rights595 words
- 15. Acquisition by prescription592 words
- 4. "Easement" defined428 words
- 47. Extinction by non-enjoyment408 words
- 24. Right to do acts to secure enjoyment358 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.