58Exercise of right of way, etc

1. Every one lawfully entitled to enter on any land for the exercise of any right of way or other easement or profit is justified in peaceably entering on the land for the purpose of exercising that right of way, easement, or profit:

   provided that if any one so entering has notice that his or her right to use that way or easement, or to take that profit, is disputed by the person in possession of the land, an assault committed by that person, or by any person acting under his or her authority, for the purpose of making the person entering desist from entry, shall be deemed to be provoked by the person entering.