Cap. 16 Art. 442Where cistern extends under tenement of neighbour.

(1) Where a cistern extends under the tenement of the neighbour, such neighbour may bore a hole and make use of the water, subject to his obligation to refund to the owner of the tenement in which the excavation of the cistern was commenced one-half of the expense incurred.

(2) Each of the two neighbours may demand that the part of the cistern which exists under his tenement be separated from that existing under the other tenement by means of a wall to be constructed and, when necessary, repaired at joint expense.

(3) Where, however, the part of the cistern existing under the tenement of one of the neighbours is considerably larger than the part existing under the tenement of the other, the court may, according to circumstances, in ordering the separation, direct the former to refund to the latter a proportionate part of the sum which he may have paid for the excavation of the cistern.