A, as the owner of a house and farm, has these rights: (i) to graze a certain number of his cattle on…
Illustration (d) to section 4 lists all four rights and declares: "These are easements." The Explanation to section 4 includes in "to do something" the removal and…
Choose your answer
A, as the owner of a house and farm, has these rights: (i) to graze a certain number of his cattle on B's field; (ii) to take water or fish out of C's tank for use in the house; (iii) to take timber out of D's wood for the house; (iv) to use the leaves fallen from trees on E's land to manure his land. Which of these rights can be easements?
Answer and explanation
Correct answer A
Illustration (d) to section 4 lists all four rights and declares: "These are easements." The Explanation to section 4 includes in "to do something" the removal and appropriation of any part of the soil or anything growing or subsisting on the servient heritage. Rights in the nature of a profit, such as taking fish, timber or leaves, are therefore easements under the Act when held for the beneficial enjoyment of the dominant heritage.