A Treatise American Law of Easements and Servitudes (Classic Reprint)

Excerpt from A Treatise American Law of Easements and Servitudes

Since the publication of the previous edition of Washburn on Easements, this branch of the law has been the subject of decision in a large number of reported cases. Some of these cases give merely the application of well-recognized principles to various combinations of facts, and therefore have been cited in this edition only when the peculiar circumstances of particular cases seemed to render them noticeable. Other cases, though settling the law for the first time in the States in which they were decided, follow the line of decisions in other States, and are valuable only as pre cedents in their own States. Such cases have been cited when they were thought of sufficient importance. Other cases give the gradual development of the law as it is applied to new groups of facts or under novel conditions, or show the growth of new rules of law or the abandonment of outgrown principles. These cases have been selected for notice, more or less extended, in proportion to their value, the aim of the editor being to incorporate in his work the important changes made since the last edition, and to cite the leading cases which determine those changes. It may be mentioned that, among other topics included under the general designation of the law of Easements, the subject of implied grants and reservations of easements has lately received much attention both in England and the United States, and the cases on this point will be found fully cited in the appropriate places. Dis eussions of the doctrine of prescription and of the nature of the rights of lateral and subjacent support, light and air, 850 have also been involved in many cases, to which reference has been made. It is believed that no decision of importance has been left unnoticed, though the large number of cases bearing on the subject has rendered citations of them all undesirable.

This edition contains about five hundred new cases, reported since the year in which the third edition was published. The editor has also made additions to the text and the notes, these additions appearing in brackets, and preceded (except in the notes) by the letters ed. A considerable number of cases had been added to the book by the learned author, Professor Washburn, before his decease. These have been inserted in the text with out special designation. The paging of the first edition has been retained at the side of the page, enclosed in brackets and pre ceded by a star. The paging of the second edition has been omitted, and that of the third edition will be found at the bottom of the page.

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