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" The principle is, that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold with all the benefits and burdens which appear at the time of the sale to belong... "
California Legal Record - Side 361
1878
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A Practical Treatise on the Law of Nuisances in Their Various Forms ...

Horace Gay Wood - 1875 - 976 sider
...estate sells a portion of it, the purchaser takes the tenement, or portion sold, with all the benefit* and burdens that appear at the time of sale to belong...quality of the several servitudes, but upon severance by the sale of a part, the right of the owner to redistribute ceases, and easements or servitudes are...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volum 38

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1876 - 762 sider
...portion, the purchaser takes the tenement or portion sold, with all the benefits and burdens which appear at the time of sale to belong to it as between it and the property which the vendor retains. This is not a rule for the benefit of purchasers only, but is entirely reciprocal. If, instead of a...
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The American Law Register, Volum 15

1876 - 816 sider
...purchaser take the tenement sold with all the benefits and burdens which appear at the time of the sale to belong to it as. between it and the property which the vendor retains ; which he adds is one of the recognised modes by which an casement or servitude is created. If the...
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A Treatise on the Law of Boundaries and Fences: Including the Rights of ...

Ransom Hebbard Tyler - 1876 - 604 sider
...takes the tenement, or portion sold, with all the benefits and burdens which appear, at the time of the sale, to belong to it, as between it and the property which the vendor retains. This is one of the recognized modes by which an easement or servitude is created, and the principle...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volum 30

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1907 - 548 sider
...takes the tenement, or portion sold, with all the benefits and burdens which appear, at the time of the sale, to belong to it, as between it and the property which the vendor retains. This is one of the recognized modes by which an easement or servitude is created. No easement exists,...
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Pacific Coast Law Journal: Containing All the Decisions of the ..., Volum 1

1878 - 542 sider
...lands at Cottonwood Row, in such sense, that neither the Lugos nor their grantees of lands on the zanja above could divert the waters or deprive the owners...quality of the several servitudes; but upon severance by the sale of a part, the right of the owner to redistribute ceases, and easements or servitudes are...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volum 24

Nathaniel Cleveland Moak - 1880 - 914 sider
...the vendee takes the tenement or portion sold, with all the benefits which appear at the time of its sale to belong to it, as between it and the property which the vendor retains. But no burden or servitude can be imposed by the vendor upon the tenements or portion sold, in favor...
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Howard's Practice Reports in the Supreme Court and Court of ..., Volum 58

Nathan Howard (Jr.), Rowland M. Stover - 1880 - 700 sider
...purchaser takes the tenement or the portion sold, with all the benefits which appear at the time of the sale to belong to it, as between it and the property which the vendor retains. (Outerbridge and Scott agt. Phelpt, ante, 77.) 2. But no burden or servitude can be imposed by the...
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A Practical Treatise on the Law of Nuisances in Their Various Forms ...

Horace Gay Wood - 1881 - 1118 sider
...J., said : " The rule of the common law on this subject is well settled. The principle is, that when the owner of two tenements sells one of them, or the...quality of the several servitudes, but upon severance by the sale of a part, the right of the owner to redistribute ceases, and ease1 21 NT 506. 486 ARTIFICIAL...
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The American Reports: Containing All Decisions of General Interest ..., Volum 36

Isaac Grant Thompson - 1881 - 968 sider
...a portion, the purchaser takes the tenement or portion sold with all the benefits and burdens which appear at the time of sale to belong to it as between It and the property which the vendor retains. This is one of the recognized modes by which an easement or servitude is granted. No easement exists...
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