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 3611878Uten tilgangsbegrensning - Om denne boken
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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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