Joseph v. Ager

Citations

• 108 Cal. 517
• 41 P. 422
• 1895 Cal. LEXIS 883

Syllabus

<p>Water Rights—Basement—Measure of Right.—The right to take water from the land of another for use on the premises of the person taking it is an easement founded on a grant, or on prescription which supposes a grant, and the right is measured by the terms of the grant, or by the prescriptive use.</p> <p>Id.—Secondary Easements—Trespass.—The owner of the easement'has secondary easements, such as the right to enter upon the servient tenement and make repairs, and to do such things as are necessary for the full exercise of the right; but these secondary easements can be exercised only when necessary, and in such a reasonable manner as not to needlessly increase the burden upon the servient tenement, and the easement does not give its owner the right to commit a trespass upon the servient tenement, or to exercise the easement to suit his own pleasure.</p> <p>Id.—Remedy of Servient Owner—Filling up of Ditch.—Where the owner of the easement commits a trespass upon the servient tenement, and attempts to change the servitude in an improper manner by the extension of a ditch thereupon without right, and without the consent of the owner, the servient owner has. the privilege of taking the remedy into his own hands, and may fill up the extension of the ditch.</p>