A Treatise on the Law of EasementsS. Sweet, 1849 - 467 pages |
Common terms and phrases
acquired action was brought adjoining alleged alteration ancient ancient lights appears aquæ autem authority Bing Bracton building cattle cited civil law claimed common law court Cromford damage declaration deed defendant defendant's divert doctrine dominant tenement easement enjoy enjoyment entitled erected evidence existed extinguished facere fact feoffee feoffment flow grant ground imposed injury judgment jury land learned judge lease liable light and air Lord Lord Coke Lord Ellenborough Lord Stair Lord Tenterden ment messuage mill nature necessary Negligence neighbour nuisance obstruction occupancy opinion parol license party period plaintiff plea pleaded potest præd premises prescription presumption principle proprietor pulling purpose quæ question quis quod reason repair rule says scription seised seisin servient owner servient tenement servitude shew shewn soil sough statute statute of frauds stillicidium stream sufficient tenant tion trespass twenty vault verdict wall water-course writ
Popular passages
Page 88 - ... 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 86 - ... years, but nevertheless, such claim may be defeated in any other way by which the same is now liable to be defeated...
Page 323 - Every proprietor of lands on the banks of a river has naturally an equal right to the use of the water which flows in the stream adjacent to his lands as it was wont to run (currere solebat) without diminution or alteration.
Page 403 - In an action on the case for a nuisance to the occupation of a house, by carrying on an offensive trade, the plea of not guilty will operate as a denial only, that the defendant carried on the alleged trade in such a way as to be a nuisance to the occupation of the house, and will not operate as a denial of the plaintiff's occupation of the house.
Page 324 - But de minimis non curat lex, and a right of action by the proprietor below would not necessarily flow from such consequences, but would depend upon the nature and extent of the complaint or injury, and the manner of using the water. 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...
Page 403 - 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 152 - and continuance of property, must still unavoidably remain in common ; being such wherein nothing but an usufructuary property is capable of being had ; and therefore they still belong to the first occupant, during the time he holds possession of them, and no longer. Such (among others) are the elements of light, air, and water...
Page 370 - That each of the respective periods of years herein-before 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 87 - That no claim which may be lawfully made at the common law, by custom, prescription, or grant, to any way or other easemen^, or to any watercourse, or the use of any water, to be enjoyed or derived upon, over, or from any land or water...
Page 137 - Every proprietor, who claims a right either to throw the water back above or to diminish the quantity of water which Is to descend below, must, in order to maintain his claim, either prove an actual grant or license from the proprietors affected by his operations, or must prove an uninterrupted enjoyment of twenty years...