Section 23:
Right to alter mode of enjoyment.
Subject to the provisions of section 22, the dominant
owner may, from time to time, alter the mode and place of enjoying the easement, provided that he
does not thereby impose any additional burden on the servient heritage.
Exception.—The dominant owner of a right of way cannot vary his line of passage at pleasure,
even though he does not thereby impose any additional burden on the servient heritage.
Illustrations
(a) A, the owner of a saw-mill, has a right to a flow of water sufficient to work the mill. He may convert the
saw mill into a corn-mill, provided that it can be worked by the same amount of water.
(b) A has a right to discharge on B’s land the rain-water from the eaves of A’s house. This does not entitle A
to advance his eaves if, by so doing, he imposes a greater burden on B’s land.
(c) A, as the owner of a paper-mill, acquires a right to pollute a stream by pouring in the refuse-liquor
produced by making in the mill paper from rags. He may pollute the stream by pouring in similar liquor
produced by making in the mill paper by a new process from bamboos, provided that he does not substantially
increase the amount, or injuriously change the nature, of the pollution.
(d) A, a riparian owner, acquires, as against the lower riparian owners, a prescriptive right to pollute a stream
by throwing sawdust into it. This does not entitle A to pollute the stream by discharging into it poisonous liquor.