90 PROTECTION AGAINST MAN. 



3. Sundry Eights (Easements), 

 a. Rights-of-Way. 



Eights-of-way if too numerous in a forest may tend to 

 hamper the management, especially by causing danger from 

 fire, and increasing the cost of fire-protection. It is therefore 

 important to prevent new rights-of-way from arising by pre- 

 scription, and where the law permits, to close altogether roads 

 or paths which may have gone out of use, or others for which 

 a more convenient substitute may be found. These rights 

 may be subdivided into rights to footpaths, cart-roads (the right 

 of removing timber over the land of a third party), or drift-roads 

 (for the passage of cattle),* the second category sometimes 

 including the third. 



In all these cases the question arises as to the legal breadth 

 of the way, and whenever this is uncertain, it should be deter- 

 mined with reference to the breadth of the way required by 

 the circumstances of the case, and according to local custom. 

 The right of removing timber over another's land can be 

 exercised only when the crops on that land would not be 

 prejudiced by so doing, i.e. when the land is fallow, or when 

 frozen, during winter. The right-holder whose cattle pass 

 along a road to pasture, is responsible for any damage done 

 to the forest growth beyond the limits of the road ; and the 

 owner of the forest, according to circumstances, may or may 

 not be compelled to protect his forest by ditches, fences, or 

 hedges. 



b. Rights to Water. 



Eights to water generally refer to the servient estate 

 receiving the drainage water for a dominant estate, or allowing 

 (not obstructing) the flow of (useful) water from the servient to 

 the dominant. Sometimes it includes allowing a canal-cut, or 

 irrigation channel being taken across the servient estate, in 

 which case the maintenance of the water-channel is the 

 business of the right-holder. Eights to use springs or wells 

 in another person's forest, or to water cattle at them, all of 

 which involve righfes-of-way through the forest to the source 

 of the water, are also included. 



* See " Forest Law," p. 315 ff. 



