32: Right to enjoyment without disturbance

Right to enjoyment without disturbance. —The owner or occupier of the dominant heritage is entitled to enjoy the easement without disturbance by any other person. Illustration A, as owner of a house, has a right of way over B’s land. C unlawfully enters on B’s land, and obstructs A in his right of way. A may sue C for compensation, not for the entry, but for the obstruction.

Effective date: 1882-07-01

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