Section 28. Extent of easements

28. Extent of easements. Easement of necessity. Other easements. - (a) Right of way. - (b) Right to light or air acquired by grant. - (c) Prescriptive right to light or air. - (d) Prescriptive right to pollute air or water. - (e) Other prescriptive rights. 29. Increase of easement. 30. Partition of dominant heritage. 31. Obstruction in case of excessive user. CHAPTER IV THE DISTURBANCE OF EASEMENTS 32. Right to enjoyment without disturbance. 33. Suit for disturbance of easement. 34. When cause of action arises for removal of support. 35. Injunction to restrain disturbance. 36. Abatement of obstruction of easement. CHAPTER V THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS 37. Extinction by dissolution of right of servient owner. 38. Extinction by release. 39. Extinction by revocation. 28. Extent of easements. —With respect to the extent of easements and the mode of their enjoyment, the following provisions shall take effect:— Easement of necessity. —An easement of necessity is co-extensive with the necessity as it existed when the easement was imposed. Other easements. —The extent of any other easement and the mode of its enjoyment must be fixed with reference to the probable intention of the parties and the purpose for which the right was imposed or acquired. In the absence of evidence as to such intention and purpose— (a) Right of way. —A right of way of any one kind does not include a right of way of any other kind; (b) Right to light or air acquired by grant. —The extent of a right to the passage of light or air to a certain window, door or other opening, imposed by a testamentary or non-testamentary instrument, is the quantity of light or air that entered the opening at the time the testator died or the non-testamentary instrument was made; (c) Prescriptive right to light or air. —The extent of a prescriptive right to the passage of light or air to a certain window, door or other opening is that quantity of light or air which has been accustomed to enter that opening during the whole of the prescriptive period irrespectively of the purposes for which it has been used; (d) Prescriptive right to pollute air or water. —The extent of a prescriptive right to pollute air or water is the extent of the pollution at the commencement of the period of user on completion of which the right arose; and (e) Other prescriptive rights. —The extent of every other prescriptive right and the mode of its enjoyment must be determined by the accustomed user of the right.