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A has, annexed to his house, rights of way from the high road to the house over the heritages X and Z…

The Illustration to section 47 states: "His rights of way over Y and Z are not extinguished." Section 47 provides that where several heritages are subject to rights of way…

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A has, annexed to his house, rights of way from the high road to the house over the heritages X and Z and the intervening heritage Y; the ways are continuous. Within twenty years, A exercises his right of way over X, but he does not use the ways over Y and Z during that time. What is the position of his rights over Y and Z?

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Correct answer D

The Illustration to section 47 states: "His rights of way over Y and Z are not extinguished." Section 47 provides that where several heritages are subject to rights of way for one heritage and the ways are continuous, the rights are deemed a single easement. Use of the way over X is therefore use of the whole easement, which prevents extinction by twenty years' non-enjoyment.

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