Section 50:
Servient owner not entitled to require continuance.
The servient owner has no right to
require that an easement be continued; and, notwithstanding the provisions of section 26, he is not
entitled to compensation for damage caused to the servient heritage in consequence of the
extinguishment or suspension of the easement, if the dominant owner has given to the servient owner
such notice as will enable him, without unreasonable expense, to protect the servient heritage from
such damage.
Compensation for damage caused by extinguishment or suspension.--Where such notice has
not been given, the servient owner is entitled to compensation for damage caused to the servient
heritage in consequence of such extinguishment or suspension.
Illustration
A, in exercise of an easement, diverts to his canal the water of B's stream. The diversion continues for many years, and
during that time the bed of the stream partly fills up. A then abandons his easement, and restores the stream to its ancient
course. B's land is consequently flooded. B sues A for compensation for the damage caused by the flooding. It is proved that
A gave B a month’s notice of his intention to abandon the easement, and that such notice was sufficient to enable B, without
unreasonable expense, to have prevented the damage. The suit must he dismissed.