It will appear therefore that the English law of carements in so far fas such easements can be created bby custom or prescriptive rights does not apply to property in' China. Easements, however, do exist whic have been created by express grant oF covenants between land-owners.
such covenants restrictive oF otherwise attach to the properties coneeznet_ even should there be a change ut ownership, unless they fre extinguished or released. easement arented by express grant appertaining to a certain Tenement can be extinguished by the destruction or demolition of the tenement and eaaes have occurred Shancha! where easements duly created by azrevinent have Leen allowed to lapse owing to non enforcement at the proper time. A notable ease in point is the case of the Shanghai Club and the property now owned by the Union Insurance Society of Canton on the Bund in Shanghai. In the year 1863 an agreement was entered into between the then owners of the properties tot to advance their building lines beyond the limits of the then exist~ ing buildings, the object being to provide an open space in front vf! the buildingr and to so. permi of effect is frequently found in the lo deed.
"itis endorsed by the Chinese authorities that a portion of the Toad uth "Soundary "of tion Fanning. East the the "a inthe Several rights of way cases have joe en tried in the British Supreme Court for China in Shanghai during recent years and it is generally Jconceded that where a footpath has been in existence for many years Jand is a necessity as a means of Jaccess to land remote from roads Jor creeks it becomes a right of way, would be recognized as such by Chinese authorities on regist tion, Rights of way as between. of frequent the result of reciprocal agreements between owners for the improvement of their properties.
Text read from the printed page and cleaned; old type leaves the occasional error.