275. Easements of air.

275.     Easements of air.

A right to ventilate a mine1 by means of a passage into or through a neighbour's land may exist as an easement, and may be created by grant, by implication of law or by prescription2. A right to the passage of air not flowing through a defined channel may be the subject of express grant or covenant, but cannot be claimed by prescription3. A right to cut an airway may also be created by statute4.