First Principles of Business Law

Property law

2.4. Easements

2.4.3. How is an easement exercised?

 

 

 

Albert is concerned that, if he has an easement giving him right of way across another person's property, using it will cause some dust, noise and disruption on that property. He wants to know what the law permits in this regard.

Which of the following statements is correct?

(a) An easement may give the owner of the dominant tenement a right to do something disruptive or which would be a nuisance.

(b) An easement cannot give the owner of the dominant tenement a right to do something disruptive or which would be a nuisance. 

 

 
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