Compensation is payable for drainage1 provided the tenant2 had, not more than three nor less than two months before beginning the work, given notice3 of his intention to execute the improvement and of the manner in which he proposed to execute it4. The landlord5 and tenant must have agreed upon the terms on which the improvement was to be executed6. In a case where no agreement was reached, and the tenant did not withdraw the notice, the landlord must have failed to exercise within a reasonable time the right conferred on him7
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