A Treatise on the American Law of Easements and ServitudesLittle, Brown, 1885 - 829 páginas |
Dentro del libro
Resultados 1-5 de 76
Página vii
... respect to streams which are not navigable by the common law , but have been declared such by the legislature ; what rights have mill- owners upon streams to raise and maintain reservoirs therein , and regulate the use and flow of water ...
... respect to streams which are not navigable by the common law , but have been declared such by the legislature ; what rights have mill- owners upon streams to raise and maintain reservoirs therein , and regulate the use and flow of water ...
Página 19
... respect to easements and servitudes.4 That class of servitudes which are chiefly treated of in this work were called Predial , from Prædia , lands and tenements , being such services as one estate owes to another . These were again ...
... respect to easements and servitudes.4 That class of servitudes which are chiefly treated of in this work were called Predial , from Prædia , lands and tenements , being such services as one estate owes to another . These were again ...
Página 23
... respect to their origin , is that of the natural servitude to which a lower field is subject , to receive the surface water which flows on to a lower level from a higher one.2 Though this is treated of more at length in a later stage of ...
... respect to their origin , is that of the natural servitude to which a lower field is subject , to receive the surface water which flows on to a lower level from a higher one.2 Though this is treated of more at length in a later stage of ...
Página 31
... respect to the same . By the license , an easement had been acquired , and a mere non - user of an easement for twenty years is no extinguishment of it , without some act of abandonment . The court held , therefore , that the defendants ...
... respect to the same . By the license , an easement had been acquired , and a mere non - user of an easement for twenty years is no extinguishment of it , without some act of abandonment . The court held , therefore , that the defendants ...
Página 61
... respect to the claim of an easement of a pump upon one estate in favor of another , both of which estates were claimed under the same devisor : " This is not a continuous easement , nor an easement belonging to the cottage , but a mere ...
... respect to the claim of an easement of a pump upon one estate in favor of another , both of which estates were claimed under the same devisor : " This is not a continuous easement , nor an easement belonging to the cottage , but a mere ...
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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?