notice and demand of the tenant to remove the house, the owner of the right of common, with which the house unlawfully interfered, might pull it down, although the family of the tenant were actually in it at the time. But the case affirms the necessity of a demand and notice to the tenant to remove the house, before proceeding to abate it.

The court had previously, in Burling v. Reed, taken occasion to limit and modify the doctrine of Perry v. Fitzhowe, in which case the plaintiff owned the house, by saying, that if the party [* 590] in the house did not own it, and was a stranger, * his being in the house was no reason why the owner of it might not do what he liked with it.1

The question of how far the grantee of the estate that is injured may avail himself of his right of abating a nuisance upon the land of another which was erected by the grantor of the latter estate, is settled in Penruddock's Case, where it was held that in such a case the owner of the former estate must notify the owner of the latter to remove it, unless it be immediately dangerous to life and health; and if he do not remove it, the former may proceed to abate it himself in the same manner as his grantor might have done against the grantor of the other estate, and that he need not wait, before so doing, till he shall have actually suffered prejudice by the erection which causes the nuisance.2

In the case of Salmon v. Bensley the court held, that an action would lie against a tenant for continuing a nuisance, if his immediate predecessor had been notified to remove it. "I am," says Abbott, C. J.," of opinion that a notice of this nature, delivered at the premises to which it relates, to the occupier for the time being, will bind the subsequent occupier; and that a person who takes premises upon which a nuisance exists, and continues it, takes them subject to all the restrictions imposed upon his predecessors by the receipt of such a notice." 3

9. The abatement of a nuisance, moreover, does not operate as a bar to an action for the recovery of damages occasioned thereby prior to such abatement.4

1

The law on this subject may be summed up in the language of

Burling v. Reed, 11 Q. B. 904.

2 Penruddock's Case, 5 Rep. 101; Jones v. Williams, 11 Mees. & W. 176.

Salmon v. Bensley, Ry. & M. 189.

Call v. Buttrick, 4 Cush. 345.

Blackstone: "A fourth species of remedy by the mere act of the party injured is the abatement or removal of nuisances. Whatever annoys or does damage to another is a nuisance; and such nuisance may be abated, that is, * taken away or [* 591] removed by the party aggrieved thereby, so as he commits

no riot in the doing of it. If a house or wall is erected so near to mine that it stops my ancient lights, which is a private nuisance, I may enter my neighbor's land and peaceably pull it down. And the reason why the law allows this private and summary method of doing one's self justice is because injuries of this kind, which obstruct or annoy such things as are of daily convenience and use, require an immediate remedy, and cannot wait for the slow progress of the ordinary forms of justice." 1

13 Black. Com. 5.

[684]

effect of exchange as to, on rights of way, 271-274, 664.

what constitutes an act of, of an easement, 661, 662-666, 669.
the party must intend it, or another be misled by it, 663, 666.

is a question for the jury, 663, 664, 670, 676.

what amounts to, of a mill-privilege or power, 438, 664, 667-669,
676-678.
(See MILL LAWS.)

what would be of a way, 665, 666, 667.

what would be of the right of light, 664-666.

how far inferred from non-user, 666, 669-678, 712.

by neglecting to restore, when user lost by accident, 668.

what would be, of an aqueduct, 670, 671.

no length of non-user is, if gained by grant, 670, 671.
whether non-user is, of what was gained by user, 674–677.
when riparian owner must inquire before presuming one, 678.
distinction between, and an interruption by license, 681.
whether tenant for life can by it affect reversioner, 438.
right suspended by act of God, is not one, 668.

right may be destroyed by changes in the estate, 669.

whether one can exercise it to the injury of another, 407.

can only be made by one having disposing power over the estate, 438.
ABATEMENT,

in what it consists as applied to private nuisances, 706.

right of, limited by what is necessary, 706, 707.

may not be done by causing a nuisance to a stranger, 709.

when an entire cause of a partial nuisance may be abated, 708, 709.
applied to causing water to injure lands or mills, 383, 384.
how far applicable to an excessive use of water, 384, 708.
mill-owner may abate a dam that flows upon his mill, 431.
owner of ancient windows may abate what darkens them, 708.
in what cases owner must wait till actually injured, 708, 709.
within what time the right must be exercised, 710.

when not to be exercised, until after notice given, 711, 714.
notice to one tenant binds his successor, 714.

how far a dwelling-house may be abated when a nuisance, 714, 715.

if exercised, is no bar to an action for prior damages, 714.
in what cases equity decrees it, 701, 702.

statutory provisions for abating nuisances, 706.

ABUSE,

of an easement does not work extinguishment, 658.
ACCEPTANCE,

necessary to give effect to dedication, 185, 199, 215.
a different rule for squares and streets, 209, 213.
how made and how established, 195–209, 210, 211.
what user may be evidence of, 197, 198.

may be a partial one, to a dedication, 197.
ACCESS,

means of, as used, passes with land, 78.
ACCIDENT,

party not responsible for effect of, 379.

ACCOMMODATION,

right of, an easement, 3.

ACCRETION,

rights of owners as to, 409, 410.

ACQUIESCENCE,

by owner necessary to give easements, 113, 131, 160, 161, 166.

by owner in dedication when presumed, 189.

negative, if owner objects to the user, 162, 163.

effect of, in a change in the natural current of a stream, 409.
ACTION AT LAW,

owner of land and of easement may each have, 8.
lies for unreasonable use only of water, 297, 317.
lies for injury to a right though no damage, 296, 308.
when the only remedy for injury to mills, 383.
when trespass will not lie for obstructing watercourse, 395.
for injury, whether it waits till damage arises, 591, 592.
at common law, taken away by mill laws, 426.

lies only for legal or appreciable damages, 342.
lies for disturbance of easements, 8, 301, 692.

any one in possession may bring, for an injury done, 693.
tenant at will may have, for disturbance of easement, 693.
case and not trespass the form of, 691, 693.

ejectment will not lie to try title to easement, 693.

for injury to watercourse, local, 691.

a reversioner may sue for injury to the inheritance, 693.

who liable to, for creating or continuing a nuisance, 693-696.

of trespass qu. cl. lies for entering a pew, 636.

for nuisance not barred, by abating it, 714.
(See REMEDY, &c.)

ACT OF GOD,

effect if easement destroyed by, 655, 668.

if it ceases to operate, easement revives, 668, 712.