A Treatise on the American Law of Easements and ServitudesLittle, Brown, 1885 - 829 páginas |
Dentro del libro
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Página xiv
... court of common law in that of Massachusetts in 1836 , but were not finally settled by the House of Lords , in Eng- land , until 1859. And because these decisions have been so recent and progressive , one would hardly feel at liberty to ...
... court of common law in that of Massachusetts in 1836 , but were not finally settled by the House of Lords , in Eng- land , until 1859. And because these decisions have been so recent and progressive , one would hardly feel at liberty to ...
Página 36
... court of Connecticut , where it is maintained that an equitable easement may be gained in a grantee's land , other than that conveyed by his deed , by a recital therein , although not signed by him . " If , " say the court , " A agrees ...
... court of Connecticut , where it is maintained that an equitable easement may be gained in a grantee's land , other than that conveyed by his deed , by a recital therein , although not signed by him . " If , " say the court , " A agrees ...
Página 46
... court say : " The concurrence of all the proprietors of the river is necessary to the transfer of any right or interest in it . . . . The grantee , under his lease , might at any moment be ousted by any one of the other proprietors ...
... court say : " The concurrence of all the proprietors of the river is necessary to the transfer of any right or interest in it . . . . The grantee , under his lease , might at any moment be ousted by any one of the other proprietors ...
Página 68
... court of Pennsylvania , in the case of a way which was claimed by the devisee of one part of an estate over another part of the same estate in the hands of another devisee . The testator had , in his lifetime , divided his estate among ...
... court of Pennsylvania , in the case of a way which was claimed by the devisee of one part of an estate over another part of the same estate in the hands of another devisee . The testator had , in his lifetime , divided his estate among ...
Página 73
... court held that , under these circumstances , the plaintiff had an easement of drain through the defendant's premises by an implied grant , and that the defendant was liable for stopping it . The Chancellor , in giving an opinion in the ...
... court held that , under these circumstances , the plaintiff had an easement of drain through the defendant's premises by an implied grant , and that the defendant was liable for stopping it . The Chancellor , in giving an opinion in the ...
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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 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 grant 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 102 - 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 762 - 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 313 - 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 116 - 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 331 - 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 332 - 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 320 - 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 339 - 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 324 - ... 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 713 - 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?