A, B and C are co-owners of a house to which an easement is annexed. A, without the consent of B and C,…
Illustration (a) to section 38 says that the release "is effectual only as against A and his legal representative." Under section 38 an easement is extinguished when the…
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A, B and C are co-owners of a house to which an easement is annexed. A, without the consent of B and C, releases the easement to the servient owner. What is the effect of the release?
Answer and explanation
Correct answer C
Illustration (a) to section 38 says that the release "is effectual only as against A and his legal representative." Under section 38 an easement is extinguished when the dominant owner releases it, but one co-owner cannot release the rights of the others. The easement therefore continues for B and C.