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24. Right to do acts to secure enjoyment.- The dominant owner is entitled, as against the servient owner, to do all acts necessary to secure the fully enjoyment of the easement; but such acts must be done at such time and in such manner as, without detriment to the dominant owner, to cause the servient owner as little inconvenience as possible; and the dominant owner must repair, as far as practicable, the damage (if any) caused by the act to the servient heritage. Accessory rights: Right to do acts necessary to secure the full enjoyment of an easement are called accessory right. Illustrations (a) A has an easement to lay pipes in B's land to convey water to A's cistern. A may enter and dig the land in order to mend the pipes, but he must restore the surface to its original state. (b) A has an easement of a drain through B's land. The sewer with which the drain communicates is altered. A may enter upon B's land and alter the drain, to adapt it to the new sewer: Provided that he does not thereby impose any additional burden on B's land. (c) A, as owner of a certain house, has a right of way over B's land. The way is out of repair, or a tree is blown down and falls across it. A may enter on B's land repair the way or remove the tree from it. (d) A, as owner of a certain field, has a right of way over B's land. B renders the way impassable. A may deviate from the way and pass over the adjoining land to B: Provided that the deviation is reasonable. (e) A, as owner of a certain house, has a right of way over B's field. A may remove rocks to make the way. (f) A has an easement of support from B's wall. The wall gives way. A may enter upon B's land and repair the wall. (g) A has an easement to have his land flooded by means of a dam in B's stream. The dam is half swept by an inundation. A may enter upon B's land and repair the dam. | |||||
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