The Law of Easements An Elementary Treatise
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J. C. P. 185. 160 THJC LAW OF EASEMENTS. If way jf g way become impassable owinff to the act of becomes . ' r o impassable, ^j^^ servient owner, the dominant owner will be justified in passing over other land belonging to the servient owner, provided the act of deviation is reasonable ; but when a way had become impassable owing to a river having overflowed, it was held that the dominant owner had no right to trespass on other land of the servient owner, dghfof '° With regard to the repair of a... private right of "^"' way, it is contrary to the nature of an easement that the servient owner should be obliged to do any- thing for the benefit of the dominant owner. He is only bound to snbmit to some definite use of his land. He can, of course, be compelled to remove any obstruction which interferes with the enjoyment of the right of way, but he is under no obligation to repair a path in order to enable the dominant owner to enjoy his privilege. All that the servient owner is compelled to do is to allow the dominant owner to come on his land and repair the path himself, if he chooses to do so.
What to read after The Law of Easements An Elementary Treatise?
You can find similar books in the "Read Also" column, or choose other free books by Richard Parry to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
J. C. P. 185. 160 THJC LAW OF EASEMENTS. If way jf g way become impassable owinff to the act of becomes . ' r o impassable, ^j^^ servient owner, the dominant owner will be justified in passing over other land belonging to the servient owner, provided the act of deviation is reasonable ; but when a way had become impassable owing to a river having overflowed, it was held that the dominant owner had no right to trespass on other land of the servient owner, dghfof '° With regard to the repair of a... private right of "^"' way, it is contrary to the nature of an easement that the servient owner should be obliged to do any- thing for the benefit of the dominant owner. He is only bound to snbmit to some definite use of his land. He can, of course, be compelled to remove any obstruction which interferes with the enjoyment of the right of way, but he is under no obligation to repair a path in order to enable the dominant owner to enjoy his privilege. All that the servient owner is compelled to do is to allow the dominant owner to come on his land and repair the path himself, if he chooses to do so.
What to read after The Law of Easements An Elementary Treatise?
You can find similar books in the "Read Also" column, or choose other free books by Richard Parry to read onlineMoreLess
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