Section 35 of IEA : Section 35: Injunction To Restrain Disturbance

Explanation using Example

Imagine Rahul owns a piece of land that has a path used by his neighbor, Aarav, as a right of way to access the main road. This right of way is an easement that allows Aarav to pass through Rahul's property.

One day, Rahul decides to build a shed on his land, which would block the path Aarav uses. Aarav learns about this and fears that his easement will be disturbed.

Under Section 35 of The Indian Easements Act, 1882, Aarav can seek an injunction in court to prevent Rahul from building the shed in a way that would block his right of way:

• (a) If Rahul has already started building the shed, Aarav can claim compensation for the disturbance of his easement and also seek an injunction to have the obstruction removed.
• (b) If Rahul has not started the construction but has made clear his intentions to build the shed, Aarav can still seek an injunction to prevent the disturbance of his easement before it happens.

This legal provision helps Aarav protect his right to access the main road without obstruction.