A, as the owner of a house, has a right to conduct water from B's stream only to supply the ornamental…
Illustration (c) to section 4 says this right "is an easement". The Explanation to section 4 provides that "beneficial enjoyment" includes possible convenience, remote…
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A, as the owner of a house, has a right to conduct water from B's stream only to supply the ornamental fountains in the garden attached to his house. Can this right be an easement?
Answer and explanation
Correct answer B
Illustration (c) to section 4 says this right "is an easement". The Explanation to section 4 provides that "beneficial enjoyment" includes possible convenience, remote advantage and even a mere amenity, so a right serving only garden fountains qualifies. Necessity is required only for an easement of necessity under section 13, not for easements generally.