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Case Law |
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Preamble
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Preamble
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PRELIMINARY
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Short title
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Savings
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Construction of certain references Act XV of 1877 and Act1X of 1871
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CHAPTER I
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OF EASEMENTS GENERALLY
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"Easement" defined
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Case Law
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Continuous and discontinuous, apparent and no apparent, easements
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Easement of limited time or on condition
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Easements restrictive of certain rights exclusive right to enjoy
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CHAPTER, II
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THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS
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Who may impose easements
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Servient owners
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Lessor and mortgagor
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Lessee
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Who may acquire easements
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Easements of necessity and quasi‑easements
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Case Law
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Direction of way of necessity
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Acquisition by prescription
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Case Law
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Exclusion in favour of reversioner of servient heritage
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Rights which cannot be acquired by prescription
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Customary easements
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Transfer of dominant heritage passes easement
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CHAPTER III
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THE INCIDENTS OF EASEMENTS
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Rules controlled by contract or title
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Bar to use unconnected with enjoyment
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Exercise of easement, Confinement of exercise of easement
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Right to alter mode of enjoyment
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Right to do act to secure enjoyment
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Liability for expenses necessary for preservation of easement
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Liability for damage from want of repair
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Servient owner not bound to do anything
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Extent of easements
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Case Law
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Increase of easement
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Partition of dominate heritage
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Obstruction in case of excessive user
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CHAPTER IV
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THE DISTURBANCE OF EASEMENTS
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Right to enjoyment without disturbance
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Suit for disturbance of easement
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When cause of action arises for removal of support
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Injunction to restrain disturbance
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Abatement of obstruction of easement
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