An Epitome of the Law Relating to Easements |
Common terms and phrases
access of light acquire an easement acquired by express acquired by long acquisition of easements Act of Parliament Angus artificial stream claim Colls Colonial Stores common law consent or agreement conveyance conveyed Court Court of equity covenant Dalton deed dominant owner dominant tenement ease easement of necessity easements relating enjoyed entitled Exch existence express grant flow of air flow of water Godmanchester held Home and Colonial House of Lords implied grant impliedly granted injunction interruption judgment licence long enjoyment Lord ment Midland Railway natural right natural stream neighbour's land neighbouring nuisance obstruction owner of land ownership person plaintiff predecessor in title Prescription Act prescription at common presumed lost grant presumption prevent private right proved purchaser purpose quasi-easements question Railway right of property right of support right to light right to pollute riparian owner servient owner servient tenement suit or action tion virtue watercourse words
Popular passages
Page 26 - A conveyance of land, having houses or other buildings thereon, shall be deemed to include and shall by virtue of this Act operate to convey, with the land, houses or other buildings...
Page 26 - ... appertaining or reputed to appertain to the land, houses, or other buildings conveyed, or any of them, or any part thereof, or at the time of conveyance demised, occupied, or enjoyed with, or reputed or known as part or parcel of or appurtenant to, the land, nouses, or other buildings conveyed, or any of them, or any part thereof (s).
Page 60 - That each of the respective periods of years hereinbefore mentioned shall be deemed and taken to be the period* next before some suit or action wherein the claim or matter to which such period may relate shall have been or shall be brought into question...
Page 26 - ... rights, and advantages whatsoever, appertaining or reputed to appertain to the land, houses, or other buildings conveyed, or any of them, or any part thereof, or at the time of conveyance demised, occupied, or enjoyed with, or reputed or known as part or parcel of or appurtenant to, the land, houses, or other buildings conveyed, or any of them or any part thereof.
Page 85 - By the general law applicable to running streams, every riparian proprietor has a right to what may be called the ordinary use of the water flowing past his land ; for instance, to the reasonable use of the water for his domestic purposes and for his cattle, and this without regard to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream.
Page 35 - There is a distinction between easements such as a right of way or easements used from time to time and easements of necessity, or continuous easements. The cases recognise this distinction, and it is clear law that, upon a severance of tenements, easements used as of necessity, or in their nature continuous, will pass by implication of law without any words of grant...
Page 155 - It seems to me that, if a person entitled to ancient lights pulls down his house and erects a blank wall in the place of a wall in which there had been windows, and suffers that blank wall to remain for a considerable period of time, it lies upon him at least to show, that at the time when he so erected the blank wall, and thus apparently abandoned the windows which gave light and air to the house, that was not a perpetual, but a temporary abandonment of the enjoyment, and that he intended to resume...
Page 51 - ... no claim which may be lawfully made at the common law, by custom, prescription, or grant, to any right of common or other profit or benefit to be taken and enjoyed from or upon any land of...
Page 61 - ... no act or other matter shall be deemed to be an interruption, within the meaning of this statute, unless the same shall have been or shall be submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made.
Page 73 - This tends to no mischief, and is a reasonable liberty to bestow ; but great detriment would arise, and much confusion of rights, if parties were allowed to invent new modes of holding, and enjoying real property, and to impress upon their lands and tenements a peculiar character, which should follow them into all hands, however remote.