A, under an easement, diverts the water of B's stream to his canal for many years, and meanwhile the…
The Illustration to section 50 holds that the suit must be dismissed. Section 50 provides that the servient owner has no right to require that an easement be continued, and…
Choose your answer
A, under an easement, diverts the water of B's stream to his canal for many years, and meanwhile the stream bed partly fills up. A then abandons the easement and restores the stream to its old course, flooding B's land. A had given B a month's notice, which was enough for B to prevent the damage without unreasonable expense. B sues A for compensation. What is the result?
Answer and explanation
Correct answer A
The Illustration to section 50 holds that the suit must be dismissed. Section 50 provides that the servient owner has no right to require that an easement be continued, and he is not entitled to compensation for damage caused by its extinguishment if the dominant owner gave such notice "as will enable him, without unreasonable expense, to protect the servient heritage". A's month's notice met that test.