Obstructing A Right To Use Water For Irrigation

Obstructing A Right To Use Water For Irrigation

the defendant prevented the plaintiff from taking and using the said portion of the said water as  by wrongfully obstructing and diverting the said stream.Plaintiff is, and was at the time , possessed of certain lands situate, etc., and entitled to take and use a portion of the water of a certain stream for irrigating the said lands.

Continuous and discontinuous, apparent and non-apparent, easements. -Easements are either continuous or discontinuous, apparent or non-apparent. A continuous easement is one whose enjoyment is, or may be, continual without the act of man. A discontinuous easement is one that needs the act of man for its enjoyment. An apparent easement is one the existence of which is shown by some permanent sign which, upon careful inspection by a competent person, would be visible to him. A non-apparent easement is one that has no such sign

 Rights annexed to A 's land to lead water thither across B 's land by an aqueduct and to draw off water thence by a drain. The drain would be discovered upon careful inspection by a person conversant with such matters. These are apparent easements.

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