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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 South Western Reporter, Volum 198

1918 - 1336 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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The Pacific Reporter, Volum 17

1888 - 1022 sider
...tenement or portion sold with all the benefits and burdens that appear at the time of sale to belong toit, as between it and the property which the vendor retains....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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The Pacific Reporter, Volum 17

1888 - 972 sider
...the time of sale to belong toit, as between it and the property which the vendor retains. * * * Xo easement exists so long as the unity of possession...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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The American and English Encyclopedia of Law, Volum 6

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - 1888 - 1010 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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The American and English Encyclopedia of Law, Volum 6

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - 1888 - 1002 sider
...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 re- • tains. This is one of the recognized modes by which an easement or servitude is created. No...
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Rules for the Interpretation of Deeds: With a Glossary

Sir Howard Warburton Elphinstone, Robert Frederick Norton, James William Clark - 1889 - 746 sider
...takes the tenement or portion sold with all the benefits or 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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Reports of Cases Heard and Determined in the Appellate Division ..., Volum 143

New York (State). Supreme Court. Appellate Division - 1911 - 1126 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 not a rule for the benefit of purchasers only, but is entirely reciprocal. Hence, if,...
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Marketable Title to Real Estate: Being Also a Treatise on the Rights and ...

Chapman White Maupin - 1896 - 914 sider
...takes the portion sold with and subject to 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 owner retains.1 It is suggested, with diffidence, that it is immaterial, so far as the mere question...
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Miscellaneous Reports. Cases Decided in the Courts of Record of ..., Volum 18

New York (State). Courts - 1897 - 854 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. But no burden or servitude can be imposed by the vendor upon the tenement or portion sold in favor...
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A Treatise on the Law of Easements: In Continuation of the Author's Treatise ...

Leonard Augustus Jones - 1898 - 838 sider
...used by the owner of the entirety for the benefit of the parcel granted; and also, all that appear to belong to it, as between it, and the property which the vendor retains; and hence, when the owner of an entire estate makes one part of it visibly dependent for the means...
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