A Digest of the Law of Easements

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(a.) In a claim by A to the absolute right to an easement under an enjoyment of 40 years, B pleads and proves that the enjoyment of A was first for 20 years followed by a lease for 15 years, and after the determination of the lease by an enjoy- ment of 16 years next preceding the suit, and that within 3 years following the determination of the lease for 15 years he brought an action for trespass against A.
Here, although the entire period is 51 years, the term of the lease must be deducted, and
... the entire term of enjoyment is reduced to 36 years. A cannot recover.
(6.) In a claim by A to the absolute right to an easement under an enjoyment of 40 years, B pleads and proves that the enjoyment of A was first for 20 years, followed by a lease for 15 years, and after the determination of the lease by an enjoy- ment for 16 years next preceding the suit ; but he fails to show that within 3 years following the determination of the lease he brought any action against A. The term of the lease therefore is not deducted from the period of enjoyment by A.


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