right of easment
Article 93- The Right of Easement is a right held by one person on the property ofanother.Article 94- Owners of property may grant to others such rights as they please on theirown property, and in this case the basis of a claim arises out of a deed or contract invirtue o which the right was grantedArticle 95- Wherever someoneâs channel for running water or rain has passed through theland or house of another person, the owner of that house or land cannot prevent theirpassage, unless the absence of his right is provedArticle 96- A spring situated in someoneâs land belongs to the owner of that land, unlessanother person has rights over its substance or its profits.Article 97 - Whenever a person has for along time had a water channel running throughthe house or property of another to his own property or, has had a right in his favour, theowner of that house or land shall not hinder the taking of water nor its passage throughhis property, and similarly with regard to rights such as holding rights in doors, openworkwindows, aqueducts, irrigation channels and so on.Article 98- If the owner of a property has given permission to pass through it toâ someone who cannot do so by right, he may rescind his permission whenever he wishes andprevent the other from passing through; and similarly with other rights of easement.Article 99- No one has the right to take his water channel into the property of another, norto cause rain water from his roof to flow onto the roof of the property of another, nor tothrow snow on to it unless he has permission from the owner.Article 100- if the water channel of one person passes through the house of another, andif it becomes damaged in such way as to cause damage to the house, the owner of thehouse has no right to oblige the owner of the channel to repair it, but he himself must takesteps to prevent it from causing him loss. Should the damage to the channel obstruct thepassage of water, the owner of the house is not obliged to repair the channel, but theowner of the right of passage must himself remove the obstruction, and to make therepairs may enter the house or land, but except when there is such a necessity, he has noright of entry, without the permission of the owner.Article 101- Whenever someone derives profit, such as the working of a mill or similarthings, from water which is the property of someone else in accordance with some right,the owner of the water cannot change the course of the channel in such way as to preventthis right from being profitably exercised.Article 102- Whenever an estate is transferred either in its entirety or in part to someoneelse, rights of easement over another estate or portion of it being included therein, suchrights remain unchanged unless there be a stipulation to the contrary.Article 103-Whenever the partners in a property possess rights and benefits and thatestate is divided between them, each partner shall in proportion to his share, become theowner of those rights e. g. , if an estate possessing the right of passage through anotherestate be divided between several persons, they each have the same right of passage asbefore over the said place.Article 104- A right of easement necessarily implies the exploitation of that right e.g., if aperson has the right of taking water from the springs, tanks or reservoirs of others, heshall have the right of passage to such springs, tanks and reservoirs for the drawing ofwater.Article 105-Any expenses which may be necessary for the enjoyment of a right ofeasement are a charge upon the owner of that right, unless an agreement to the contraryhas been arrived at between him and the owner of the property.Article 106- The owner of a prope
