A, as absolute owner of field Y, has a right of way to it over B's field Z. A takes a lease of Z from B…
The Illustration to section 51 states that the easement is suspended so long as A remains lessee of Z, "But when A assigns the lease to C, or surrenders it to B, the right…
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A, as absolute owner of field Y, has a right of way to it over B's field Z. A takes a lease of Z from B for twenty years. Some years later, A assigns the lease to C. What is the position of A's right of way?
Answer and explanation
Correct answer D
The Illustration to section 51 states that the easement is suspended so long as A remains lessee of Z, "But when A assigns the lease to C, or surrenders it to B, the right of way revives." Section 49 suspends an easement when the dominant owner becomes entitled to possession of the servient heritage, and section 51 revives a suspended easement when the cause of suspension is removed before it is extinguished under section 47. A lease gives only possession, not absolute ownership, so there is no extinction under section 46.