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To act of man contemplated within the section is not the mere doing of an act necessary for facilitating the enjoyment of the easement. It must be an act on the serivent tenement. Thus the opening of a shutter for letting light and air it would not be such an act of man without which the easement could not be enjoyed, because such an act is not on the servient tenement. The enjoyment of the easement of the easement can be continued without an act of man of the servient tenement. In the case of right of way every step a man takes is necessary for the enjoyment of the easement and such steps are all on the servient tenement. Without that act of man, enjoyment of the easement in question is totally impracticable. Thus an easement of light and air is a continuous easement. This is illustration (a). A right of way is a discontinuous easement. This is illustration (b). There isdivergence of judicial opinion in country on the question whether the right to discharge water used for domestic purpose is a continuous or a discontinuous easement though a right to discharge rain-water is unanimously
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He sells Front Lot to Al, and then five years later sells Back Lot to Bob. Bob wants to use a dirt path indicated by the red line to access the Road, and seeks an easement by necessity. (It doesn't matter which lot gets sold, just that they do not have a single owner.)
Quasi Easements:-
A quasi easement arises when both tracts of land are owned by a single person. A quasi easement can be converted into a true easement if the landowner sells one of the tracts of his/her land. This easement can also mean an obligation relating to land which is not a true easement such as a landowner’s obligation to maintain the fence between the landowner’s tract and another person’s tract.
Customary easements:-
An easement may be acquired in virtue of a local custom. Such easements are called customary easements.
By the custom of a certain village every cultivator of village land is entitled, as such to graze his cattle on the common pasture. A having become the tenant of a plot of uncultivated land in the village breaks up and cultivates that plot. He thereby acquires an easement to graze his cattle in accordance with the
He sells Front Lot to Al, and then five years later sells Back Lot to Bob. Bob wants to use a dirt path indicated by the red line to access the Road, and seeks an easement by necessity. (It doesn't matter which lot gets sold, just that they do not have a single owner.)
Quasi Easements:-
A quasi easement arises when both tracts of land are owned by a single person. A quasi easement can be converted into a true easement if the landowner sells one of the tracts of his/her land. This easement can also mean an obligation relating to land which is not a true easement such as a landowner’s obligation to maintain the fence between the landowner’s tract and another person’s tract.
Customary easements:-
An easement may be acquired in virtue of a local custom. Such easements are called customary easements.
By the custom of a certain village every cultivator of village land is entitled, as such to graze his cattle on the common pasture. A having become the tenant of a plot of uncultivated land in the village breaks up and cultivates that plot. He thereby acquires an easement to graze his cattle in accordance with the