Legislative Dictionary - E

Judicial Dictionary


Legislative Dictionary


Easement, Customary

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CategoryE
TitleEasement, Customary
Details

An easement may be acquired in virtue of a local custom. Such easements are called customary easements.

Illustrations

(a) By the custom of a certain village every cultivator of village land is entitled, as such, to graze his cattle on the common pesture. 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 greaze his cattle in accordance with the custom.

(b) By-the custom of a certain town no owner or occupier of a house can
open a new window therein so as substantially to invade his neighbor’s privacy. A builds a house in the town near B's house. A thereupon acquires an easement that B shall not open new windows in his house so as to command view of the portions of A's house which are ordinarily excluded from observation, and B acquires a like easement with respect to A's house.

[See section 18, the Easements Act, 1882 (Act V of 1882)].
Created OnJune 28, 2011, 8:46 AM
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