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JUDGE OF THE COUNTY COURTS FOR LAMBETH, GREENWICH, AND WOOLWICH.
IN TWO VOLUMES.
Longum iter est per præcepta,
Law Booksellers and Publishers.
§ 972. In the present chapter. will be considered briefly those § 892 matters, for the proof of which the law requires a written document more or less formally executed; and, first, as to those transactions which, at common law, are required to be evidenced by deed. The most important of these relate to incorporeal rights; and it is now clearly determined, that all such rights, whether they amount to an interest in land or not, lie in grant, and as such can neither be created, assigned, demised, or surrendered, except by deed. The term incorporeal rights" includes among other things, advowsons, ferries, rents, interests in lands not in possession, as remainders, or reversions for life or years, profits à prendre, easements, and the like; and the principle, which requires such rights to be eridenced by documents under seal, does not depend on the quality or amount of interest granted, transferred, or surrendered, but on the nature of the subject matter ; a right of common, for instance, which is a profit à prendre, or a right of way, which is an easement
છે or right in nature of an easement, can no more be granted or conveyed for life or for years or even for days without a deed, than in fee-simple.S
· Wood v. Leadbitter, 13 M. & W. 842, 843; Hewlins v. Shippam, 5 B. & C. 229 ; Co. Lit. 337 b, 338 a; 2 Shep. Touch. 300 ; 1 Wms. Saund. 236 a ; Lyons r. Reed, 13 M. & W. 303-305 ; Bird v. Higginson, 2 A. & E. 696; 6 A. & E. 824, S. C. ; Mayfield v. Robinson, 7 Q. B. 486 ; Roffey v. Henderson, 17 Q. B. 574.
9 Mayfield v. Robinson, 7 Q. B. 486. 3 Wood r. Leadbitter, 13 M. & W. 843, per Alderson, B. See Williams v. Morris, 8 M. & W. 488; Perry v. Fitzhowe, 8 Q. B. 757, 777, 778.