(DOWNLOAD) "Laden Et Al. v. Atkeson" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Laden Et Al. v. Atkeson
- Author : Supreme Court of Montana
- Release Date : January 28, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Waters and Water Rights ? Easements ? Secondary Easements ? Right of Holder of Secondary Easement to Make Repairs on Dam and Ditches ? Limits of Right ? Choosing of Way Over Land ? What Constitutes Trespass. Easements ? Definition of Term. 1. An easement is a right which one person has to use the land of another for a specific purpose, or a servitude imposed as a burden upon land. Same ? "Secondary Easement" ? Ditch and Dam Rights ? Right of Holder of Easements to Make Repairs. 2. A secondary easement is the right of one having an easement in the land of another to enter on the land for the purpose of making repairs for the reasonable and convenient use of the easement, such as a ditch or dam; a secondary easement can be exercised only when necessary and in such a reasonable manner as not needlessly to increase the burden upon the servient tenement. Same ? Reasonable Way for Holder of Easement to Enter upon Land for Purpose of Making Repairs upon Irrigation Dam and Ditches ? Evidence ? Sufficiency. 3. As against the objection of defendant (appellant) in a proceeding to quiet title to a secondary easement on his land for irrigation purposes to a finding of the trial court as to what constituted a reasonable roadway for plaintiff to enter upon the land for the purpose of making repairs upon his dam and ditches, held that the finding that the way decreed to plaintiffs use for that purpose constituted the only one reasonably susceptible to plaintiffs needs and purposes was sustained by the evidence, particularly in view of a showing that such way had been for a number of years used by plaintiff and his predecessors in maintaining the irrigation system, such showing constituting - Page 303 good evidence of the reasonableness of the routes, in the absence of a showing to the contrary. Same ? Duty of Holder of Easement to Keep Way Over Land of Another in Shape for Use ? Failure to Do so and Choosing New Route Constitutes Trespass. 4. The owner of a secondary easement ? such as a right to pass over the land of the servient owner for the purpose of making repairs on a dam and ditches ? may not select a new route of travel without the consent of the latter when the route set aside has become impassable or merely inconvenient; the duty resting primarily upon the former in such a case to repair the route rather than materially to deviate therefrom; if he does not do so and exceeds his rights in the manner and extent of its use, he is guilty of trespass and an action for damages lies. Same ? Right of Holder of Easement in Land of Another to Use Soil for Purpose of Repairing Dam Used for Irrigation. 5. An easement to maintain a dam on the land of another at the head of a diversion ditch for irrigation purposes necessarily involves the right to repair it, and in making the repairs the right to dig up the soil and use it for that purpose, doing no more injury than is necessary. Same ? Extent of Right of Holder of Easement to Use Soil Adjacent to Ditches for Purpose of Repairing Them. 6. In a proceeding to establish a secondary easement to enable the dominant owner to maintain and repair his irrigation ditches, an award of so much of the lands of the servient owner as may be necessary for the purposes of maintenance and repair, held not objectionable as too indefinite and uncertain, the right being based upon necessity of the case and it being impossible to foresee the precise amount of the soil needed for such purpose; while on the other hand, an award of a definite strip of a given number of feet in width on either side of the ditches would have been unjustified.
 "Laden Et Al. v. Atkeson" by Supreme Court of Montana # eBook PDF Kindle ePub Free){kind=link}