Law of Easements

2011(2) CURRENT TAMILNADU CASES – Page 181

Law of Easements, 1882 – Section 15 – Aerial Trespass – Owner of property is entitled to have his right exercised up to sky – Defendant cannot be allowed to have Aerial projection on plaintiff’s land – Held, Defendant directed to remove roof projection and to make necessary arrangements to prevent rain water falling into plaintiff’s land.

Sections 15 & 17 – Right to use other man’s land, when available? – A land owner has every right to go into neighbouring land to effect repair to his outside wall and white wash same – Decree of Appellate court restraining exercise of easementary right to ingress and egress into neighbouring land, held not justifiable.