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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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The American Reports: Containing All Decisions of General Interest ..., Volum 40

Isaac Grant Thompson - 1882 - 912 sider
...a portion of it, the purchaser takes the tenement or portion sold with all the benefits and burden that appear at the time of sale to belong to it, as...of the several servitudes ; but upon severance by Ihe sale of a part, the right of the owner to redistribute ceases, and easements or servitudes are...
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Supreme Court Reports: Decisions of the Supreme Court of the Cape ..., Volum 1

Cape of Good Hope (Colony). Supreme Court - 1882 - 470 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 principle is perhaps not quite consistent with our own law, which, as a general rnle, requires...
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Albany Law Journal, Volum 26

1883 - 572 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 decision was disapproved in Buss v. Dyer, 125 Mass. 287. Judge Seiden adopts the definition...
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A Manual of the Law of Real Property: Including, Also, General Rules of Law ...

Charles Theodore Boone - 1883 - 566 sider
...purchaser takes the tenement, or 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.2 All continuous or apparent easements — in other words, all easements necessary to the reasonable...
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The Pacific Reporter, Volum 17

1888 - 974 sider
...court, quotes approvingly the language of DENIO, J., in Lampman v. 3Iilks, 21 X. Y". 505, as follows: "The rule of the common law on this subject is well...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 Argued and Adjudged in the Supreme Court of the District of ...

District of Columbia. Supreme Court, Arthur MacArthur (Sr.), Franklin Hubbell Mackey - 1884 - 514 sider
...which an easement or servitude is granted. No easement exists so long as there is a unity of ownership, because the owner of the whole may at any time rearrange the qualities of the several parts. * * • The parties are presumed to contract in reference to the condition...
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The American Reports: Containing All Decisions of General Interest ..., Volum 48

Isaac Grant Thompson - 1885 - 1000 sider
...which an casement or servitude is granted, No easement exists so long as there is a unity of ownership, because the owner of the whole may at any time rearrange the qualities of the several parts. * * * The parties are presumed, to contract in reference to the condition...
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Atlantic Reporter, Volum 79

1911 - 1146 sider
...them, or the owner of one entire 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." On page 564 of 29 NJ Law, the reasons for the rule are stated as follows: "The law preserving the rights...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volum 53

California. Supreme Court - 1887 - 832 sider
...could divert the waters or deprive the owners of Cottonwood Row of their accustomed use ? In Lampman v. Milks, 21 NY, 505, Denio, J., said : " The rule of...of the several servitudes ; but upon severance by the sale of a part, the right of the owner to re« distribute ceases, and easements or servitudes are...
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The New Hampshire Reports, Volum 61

New Hampshire. Supreme Court - 1887 - 702 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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