A Treatise on the American Law of Easements and ServitudesLittle, Brown, 1885 - 829 páginas |
Dentro del libro
Resultados 1-5 de 73
Página 76
... cause for holding that there can be any reservation by implication , unless the easement is strictly one of necessity . " The case of Randall v . McLaughlin was in many respects like that of Carbrey v . Willis . There was a drain ...
... cause for holding that there can be any reservation by implication , unless the easement is strictly one of necessity . " The case of Randall v . McLaughlin was in many respects like that of Carbrey v . Willis . There was a drain ...
Página 156
... cause injury , and not from the time of digging the ditch . And where one undertook to prescribe for the right to throw cinders , & c . , into a stream , which injured a mill below , it was held that it must date from the time that such ...
... cause injury , and not from the time of digging the ditch . And where one undertook to prescribe for the right to throw cinders , & c . , into a stream , which injured a mill below , it was held that it must date from the time that such ...
Página 160
... cause damage to the land - owner , in order to raise a presumption of grant from twenty years ' enjoyment ; otherwise the law will pre- sume it to have been done by authority of the statute , and sub- ject to the payment of damages in ...
... cause damage to the land - owner , in order to raise a presumption of grant from twenty years ' enjoyment ; otherwise the law will pre- sume it to have been done by authority of the statute , and sub- ject to the payment of damages in ...
Página 187
... cause nor right to complain . " And it would seem that , if the servient estate be in the posses- sion of one having a conditional or determinable fee in the same , a servitude may be gained against him , which would be defeated if ...
... cause nor right to complain . " And it would seem that , if the servient estate be in the posses- sion of one having a conditional or determinable fee in the same , a servitude may be gained against him , which would be defeated if ...
Página 236
... cause the same to be made , it was held that the act was unconstitutional , inasmuch as the owners had a right to use their land as they saw fit , in a manner not injurious to others ; and permitting it to be used by the public did not ...
... cause the same to be made , it was held that the act was unconstitutional , inasmuch as the owners had a right to use their land as they saw fit , in a manner not injurious to others ; and permitting it to be used by the public did not ...
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Otras ediciones - Ver todas
A Treatise American Law of Easements and Servitudes (Classic Reprint) Emory Washburn Sin vista previa disponible - 2017 |
A Treatise on the American Law of Easements and Servitudes Emory Washburn Sin vista previa disponible - 2022 |
Términos y frases comunes
acquired action adjoining Allen another's land applied appurtenant aqueduct artificial Barb Barnew belonging building C. E. Green canal cited civil law claim claim of right common law Conn continued conveyance conveyed court held courts of equity covenant created Cush damages dedication deed defendant defendant's doctrine dominant estate drain easement effect enjoyed erected Exch existing extent favor grantor Gray highway incorporeal hereditament injury Iowa jury land-owner liable license limited Mass ment metes and bounds mill mill-owner natural navigable necessary obstruction occupied owner of land parcel of land party wall pass Penn Pick plaintiff plaintiff's land pond premises prescriptive right presumption privilege purchaser purposes question reasonable reference repair respect right of light right to flow riparian proprietor river rule sect servient estate servitude Smith soil sold statute stream street tenant tenement thereby thereof tion Traité twenty upper watercourse Wend
Pasajes populares
Página 104 - The first of these rules is, that on the grant by the owner of a tenement of part of that tenement as it is then used and enjoyed, there will pass to the grantee all those continuous and apparent easements...
Página 764 - I shall only observe that, whatsoever unlawfully annoys or doth damage to another is a nuisance ; and such nuisance may be abated, that is, taken away or removed by the party aggrieved thereby, so as he commits no riot in the doing of it.
Página 315 - Every proprietor has an equal right to use the water which flows in the stream, and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent of the other proprietors, who may be affected by his operations, no proprietor can either diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above.
Página 118 - That the question does not depend upon whether the covenant runs with the land is evident from this, that if there was a mere agreement and no covenant, this court would enforce it against a party purchasing with notice of it; for if an equity is attached to the property by the owner, no one purchasing with notice 139 Gray, p 1133, fn 17.
Página 333 - By the general law applicable to running streams, every riparian proprietor has a right to what may be called the ordinary use of the water flowing past his land; for instance, to the reasonable use of the water for his domestic purposes and for his cattle, and (fc) (1858), 12 Moore PC p. 150. this without regard to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream.
Página 334 - But he has no right to intercept the regular flow of the stream, if he thereby interferes with the lawful use of the water by other proprietors and inflicts upon them a sensible injury
Página 322 - I do not mean to be understood, as holding the doctrine, that there can be no diminution whatsoever, and no obstruction or impediment whatsoever, by a riparian proprietor, in the use of the water as it flows; for that would be to deny any valuable use of it. There may be, and there must be allowed of that, which is common to all, a reasonable use.
Página 341 - In virtue of this ownership he has a right to the use of the water flowing over it in its natural current, without diminution or obstruction...
Página 326 - ... flowing water is publici juris, not in the sense that it is a bonum vacans, to which the first occupant may acquire an exclusive right, but that it is public and common in this sense only, that all may reasonably use it who have a right of access to it...
Página 715 - Suppose a person who formerly had a mill upon a stream should pull it down, and remove the works, with the intention never to return. Could it be held that the owner of other land adjoining the stream might not erect a mill and employ the water so relinquished ? Or that he could be compellable to pull down his mill if the former mill-owner should afterwards change his determination and wish to rebuild his own?