191. Rebuttal of presumption.

The presumption that an encroachment by the tenant enures for the landlord's benefit may be rebutted by proving that the landlord and the tenant so conducted themselves as to show that the landlord treated the encroachment as not enuring for his benefit1. Thus, if the landlord on application refuses his consent to an encroachment and the tenant nevertheless incloses and builds, the presumption is rebutted2. Again, if, after an encroachment has been made, the land encroached upon is severed from the demised premises by a conveyance to a third person and the severance is brought to the landlord's knowledge,