Illustrations
(a) A has, in respect of his mill, a right to the uninterrupted flow thereto from sunrise to noon of the water of B’s stream. B may grant to C the right to divert the water of the stream from noon to sunset: Provided that A’s supply is not thereby diminished.
(b) A has, in respect of his house, a right of way over B’s land. B may grant to C, as the owner of a neighbouring farm, the right to feed his cattle on the gross growing on the way: Provided that A’s right of way is not thereby obstructed.
Comment
Object and scope: The section with its illustrations makes the object and the meaning of the section amply clear. The section recites that an owner of property already burdened with an easement can still grant further easements. The phrase “subject to the provisions of section 8” is merely precautionary and is intended to mean what should be otherwise obvious that while granting easements in respect of property already burdened with an easement, the conditions and limitations of section 8 must be observed because section 8 generally provides for the grant of an easement, irrespective of the question whether the property is already burdened with an easement or not. However, in granting further easements, the owner of property must respect already existing easements, and therefore, the owner of property should not create by express grant an easement that might adversely affect the interests of a previous easement-holder. But if the easement-holder, that is, the dominant owner of an existing easement consents to the grant by the serivent owner of another easement to a third party, the question whether the contemplated grant of a fresh easement would injure the holder of the existing easement would become immaterial. Even if the new easement would be perfectly valid as the dominant owner of the old easement has consented to the grant of the new easement.
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(a) A has, in respect of his mill, a right to the uninterrupted flow thereto from sunrise to noon of the water of B’s stream. B may grant to C the right to divert the water of the stream from noon to sunset: Provided that A’s supply is not thereby diminished.
(b) A has, in respect of his house, a right of way over B’s land. B may grant to C, as the owner of a neighbouring farm, the right to feed his cattle on the gross growing on the way: Provided that A’s right of way is not thereby obstructed.
Comment
Object and scope: The section with its illustrations makes the object and the meaning of the section amply clear. The section recites that an owner of property already burdened with an easement can still grant further easements. The phrase “subject to the provisions of section 8” is merely precautionary and is intended to mean what should be otherwise obvious that while granting easements in respect of property already burdened with an easement, the conditions and limitations of section 8 must be observed because section 8 generally provides for the grant of an easement, irrespective of the question whether the property is already burdened with an easement or not. However, in granting further easements, the owner of property must respect already existing easements, and therefore, the owner of property should not create by express grant an easement that might adversely affect the interests of a previous easement-holder. But if the easement-holder, that is, the dominant owner of an existing easement consents to the grant by the serivent owner of another easement to a third party, the question whether the contemplated grant of a fresh easement would injure the holder of the existing easement would become immaterial. Even if the new easement would be perfectly valid as the dominant owner of the old easement has consented to the grant of the new easement.
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