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Odger's English Common Law

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Chapter XIII.<br />

DISTURBANCE OF EASEMENTS AND OTHER RIGHTS OVER<br />

LAND AND WATER.<br />

There are many cases in which one man has rights over<br />

the land of another, or a' right to the flow of water or to the<br />

access of light to his own land from across the land of another.<br />

For any disturbance or obstruction of these rights an action<br />

lay at common law. Such a disturbance or obstruction is<br />

really a private nuisance, and might, therefore, have been<br />

dealt with in Chapter VIII. But as these rights present<br />

many special features of their own, we have thought it best<br />

to discuss their characteristics in a separate chapter.<br />

There are five different classes of these rights :<br />

I. Easements.<br />

II. Profits a Prendre.<br />

III. Personal Licences.<br />

IV. Customary Eights.<br />

V. Natural Eights.<br />

We have already defined the first four classes of these<br />

rights and stated the main distinctions between them. 1 But<br />

a brief recapitulation may not be out of place.<br />

I. Easements.<br />

An easement is a right which the owner of one piece of<br />

land has over an adjoining piece of land—such as a right<br />

to walk over it, to pour water on to it, or to carry a pipe<br />

through it for the conveyance? of gas or water. The right is<br />

not vested in the owner of the first piece of land personally,<br />

1 See ante, pp. 24—27, 76—86.<br />

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