A Treatise on the Law of Easements: In Continuation of the Author's Treatise on the Law of Real PropertyBaker, Voorhis, 1898 - 768 sider |
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Vanlige uttrykk og setninger
abutting owner adjoining land adverse adverse possession Allen alley appurtenant Asso Barb benefit Boston building Chicago claim of right common Conn construction conveyance County court covenant Cush damages dedication deed dominant estate enjoyment entitled erected existing grant or reservation grantee grantor Gray heirs held highway implied grant implied reservation intention Iowa Jones land conveyed license light and air limited Manuf Mass ment mill Minn N. E. Rep N. J. Eq N. Y. St N. Y. Supp necessary necessity obstruction Ohio St owner of land parcel parol parties pass passage-way person Pick plaintiff premises prescriptive period prescriptive right presumption privilege purchaser purpose railroad company reasonable road servient estate servitude Smith soil statute street tenement thereon tion W. R. Co wall Wend width York
Populære avsnitt
Side 593 - 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 this without regard to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream.
Side 9 - The following land burdens, or servitudes upon land, may be attached to other land as incidents or appurtenances, and are then called easements: 1. The right of pasture; 2. The right of fishing; 3. The right of taking game; 4. The right of way; 5. The right of taking water, wood, minerals, and other things; 6.
Side 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 (by which, of course, I mean quasi-easements), or, in other words, all those easements which are necessary to the reasonable enjoyment of the property granted, and which have been and are at the time of the grant used by the owners of the entirety for the benefit of the part granted.
Side 625 - ... that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure; and that if, in the exercise of such right, he intercepts or drains off the water collected from underground springs in his neighbour's well, this inconvenience to his neighbour falls within the description of damnum absque injuria, which cannot become the ground of an action.
Side 477 - Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement, under the following conditions...
Side 37 - To Have and To Hold the said lots, pieces or parcels of land to the said party of the second part his heirs and assigns, to the sole and only proper use, benefit and behoof of the said party of the second part his heirs and assigns forever.
Side 492 - If a man builds his house at the extremity of his land he does not thereby acquire any right of easement, for support, or otherwise, over the land of his neighbour. He has no right to load his own soil so as to make it require the support of that of his neighbour, unless he has some grant to that effect.
Side 607 - The obstruction of surface water or an alteration in the flow of it affords no cause of action in behalf of a person who may suffer loss or detriment therefrom against one who does no act inconsistent with the due exercise of dominion over his own soil.
Side 84 - ... of the parties to create or reserve a right, in the nature of a servitude or easement, in the property granted, for the benefit of other land owned by the grantor...
Side 157 - ... permissive, it is incumbent on such party, by sufficient proof, to rebut such presumption of a nonappearing grant; otherwise the presumption stands as sufficient proof, and establishes the right.