A Treatise on the Law of Easements |
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Common terms and phrases
acquired action was brought adjoining Adol afterwards alleged alteration ancient ancient lights appears appurtenances aquæ authority Bracton building cattle cited civil law claimed close common law convenient Court Cromford damage declaration deed defendant defendant's divert doctrine dominant tenement easement enjoyed enjoyment entitled erected evidence existed extinguished fact fence feoffee flow grant grantor grist-mill ground held injury judgment jury land learned judge liable Lord Lord Coke Lord Ellenborough Lord Tenterden ment messuage natural necessary negligence neighbor nuisance obligation obstruction occupancy opinion party pass period person plaintiff plea pleaded præd premises prescription presumption principle privilege profits a prendre proprietor purpose quæ question quod reason remedy repair says seisin servient owner servient tenement servitude servitus soil sough statute statute of frauds stillicidium stream sufficient tenant tion trespass trip-hammer twenty unity of possession verdict wall water-course writ
Popular passages
Page 70 - ... such period of twenty years ; but nevertheless such claim may be defeated in any other way by which the same is now liable to be defeated...
Page 242 - ... without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct...
Page 242 - All that the law requires of the party by or over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not to destroy, or render useless, or materially diminish or affect the application of the water by the proprietors above or below on the stream.
Page 70 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
Page 71 - ... shall have been or shall be an infant, idiot, non compos mentis, feme covert, or tenant for life, or during which any action or suit shall have been pending, and which shall have been diligently prosecuted, until abated by the death of any party or parties thereto, shall be eicluded in the computation of the periods herein-before mentioned, except only in cases where the right or claim is hereby declared to be absolute and indefeasible.
Page 70 - ... 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 307 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Page 70 - ... it shall be sufficient to allege the enjoyment thereof as of right by the occupiers of the tenement in respect whereof the same is claimed for and during such of the periods mentioned in this act as may be applicable to the case, and without claiming in the name or right of the owner of the fee, as is now usually done...
Page 242 - Streams of water are intended for the use and comfort of man; and it would be unreasonable, and contrary to the universal sense of mankind, to debar every riparian proprietor from the application of the water to domestic, agricultural and manufacturing purposes...
Page 108 - All these things, so long as they remain in possession, every man has a right to enjoy without disturbance ; but if once they escape from his custody, or he voluntarily abandons the use of them, they return to the common stock, and any man else has an equal right to seize and enjoy them afterwards.