Cap. 16 ст. 453Where enjoyment of way or of watercourse can be had in or over two or more tenements.

(1) Where the enjoyment of the way or the watercourse can be had in or over two or more tenements belonging to different owners, the easement shall be imposed on that tenement to the owner of which it is least injurious.

(2) Where the easement will not affect one tenement more injuriously than another, the easement shall be imposed on that tenement where it shall be more convenient to the person demanding it, and it shall not be lawful for such person to choose another tenement without the consent of its owner.