Select Cases and Other Authorities on the Law of Property, Volume 2 |
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1 CHAPTER I . PROFITS . . . . . . . . . . CHAPTER II . . . 32 NATURAL RIGHTS . $ 1 .
Air . . . . 2 . Earth . . . 3 . Water . ... Nature and Extent of Easements . . . . . A . Light .
. . . . . . . . . . . . . . . 204 B . Support and Party Walls . · · · · · 206 C . Artificial ...
1 CHAPTER I . PROFITS . . . . . . . . . . CHAPTER II . . . 32 NATURAL RIGHTS . $ 1 .
Air . . . . 2 . Earth . . . 3 . Water . ... Nature and Extent of Easements . . . . . A . Light .
. . . . . . . . . . . . . . . 204 B . Support and Party Walls . · · · · · 206 C . Artificial ...
Page 2
If a man purchase part of the land wherein common appendant is to be had , the
common shall be apportioned , because it is of common right ; but not so of a
common appurtenant , or of any other common of what nature soever . But both ...
If a man purchase part of the land wherein common appendant is to be had , the
common shall be apportioned , because it is of common right ; but not so of a
common appurtenant , or of any other common of what nature soever . But both ...
Page 11
gives the reason : “ For water is a movable , wandering thing , and must of
necessity continue common by the law of nature . " Ib . p . 18 . It is not disputed
that this would be so with respect to the water of a river or any open running
stream .
gives the reason : “ For water is a movable , wandering thing , and must of
necessity continue common by the law of nature . " Ib . p . 18 . It is not disputed
that this would be so with respect to the water of a river or any open running
stream .
Page 20
Smith ) , an incident of this nature cannot , even by express words in an existing
deed , be connected with the estate by the mere act of the parties . It must , in
addition to that , have some natural connection with the estate , as being for its ...
Smith ) , an incident of this nature cannot , even by express words in an existing
deed , be connected with the estate by the mere act of the parties . It must , in
addition to that , have some natural connection with the estate , as being for its ...
Page 27
But the right , being measured by the uses of the estate , cannot be severed from
the estate and granted over . Drury v . Kent , Cro . J . 15 . he right in the present
case is of the same nature . It is intended the use of the estate and for every acre
...
But the right , being measured by the uses of the estate , cannot be severed from
the estate and granted over . Drury v . Kent , Cro . J . 15 . he right in the present
case is of the same nature . It is intended the use of the estate and for every acre
...
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acquired action adjoining agreed agreement alleged appears applied assigns authority belonging benefit bound building built called carried cause claimed close common consideration considered continued conveyed court covenant custom damages decided decision deed defendant defendant's easement effect enjoyed enjoyment entered entitled erected evidence exist extent fact fence flow follows give given grant grantor ground heirs held highway injury intended interest judge judgment jury Justice land license light Lord maintain manner means mentioned mill nature necessary obstruction occupiers opinion owner party pass passage person plaintiff plea possession premises prescription present principle proprietor proved purchased question reasonable referred remove repair Reported respect river road rule side soil stream street sufficient surface taken tenant tenement term thereof thing tion trespass trial verdict wall whole
Bibliographic information
| Title | Select Cases and Other Authorities on the Law of Property, Volume 2 Select Cases and Other Authorities on the Law of Property, John Chipman Gray |
| Author | John Chipman Gray |
| Publisher | C. W. Sever, 1889 |
| Original from | Harvard University |
| Digitized | 13 Feb 2009 |
| Export Citation | BiBTeX EndNote RefMan |