The Law of Real Property, in Its Present State: Practically Arranged and Digested in All Its Branches, Including the Very Latest Decisions of the Courts, Volumes 1-2A. Maxwell & son, 1846 - Real property |
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Common terms and phrases
action advowson ancient appendant appurtenant Assets belong cattle chattels church cited claimed co-parceners common law Copyholds corporation court court of equity court-leet covenant Curtesy custom debts deed demise descended devise distrain distress Dower easement equity Estate Tail executor extinguished Fee Simple feme covert feoffment fishery forfeiture Franchises freehold gavelkind grant grantor heir held heriot highway inclosure Inclosure Act INCORPOREAL HEREDITA injury Inst Jointure landlord lease leet Leon lessee lessor licence lord manor MENTS messuage mines Moor Mortgage owner party pass person plaintiff Plowd possession Powers prescription queen rateable Raym REALTY AND PERSONALTY remedy rent rent-charge repair Right to Light river Roll S. C. nom Salk seised seisin soil statute tenant tenements tenure things tion tithes toll trees trespass Trusts Vern waste
Popular passages
Page 354 - Every proprietor has an equal right to use the water which flows in the stream; and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent of the other proprietors, who may be affected by his operations, no proprietor can either diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above.
Page 354 - The right to the use of water rests on clear and settled principles. Prima facie, the proprietor of each bank of a stream is the proprietor of half the land covered by the stream, but there is no property in the water. Every proprietor has an equal right to use the water which flows in the stream ; and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor.
Page 352 - But it is a very different question, whether he can take away from the owner of the land below, one of its natural advantages which is capable of being applied to profitable purposes, and generally increases the fertility of the soil, even when unapplied, and deprive him of it altogether, by anticipating him in its application to a new purpose.
Page 425 - ... in making such obstruction, he could not retract that consent without reimbursing the defendant that expense. But that was not the case of the grant of an easement to be exercised upon the grantor's land, but a permission to the grantee to use his own land in a way in which, but for an easement of the plaintiff's, such grantee would have had a clear right to use it.
Page 352 - The position, that the first occupant of running water for a beneficial purpose, has a good title .to it, is perfectly true in this sense, that neither the owner of the land below can pen back the water, nor the owner of the land above divert it to his prejudice.
Page 354 - 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...
Page 360 - A right of way or a right of passage for water (where it does not create an interest in the land), is an incorporeal right, and stands upon the same footing with other incorporeal rights, such as rights of common, rents, advowsons, &c. It lies not in livery but in grant, and a freehold interest in it cannot be created or passed (even if a chattel interest may, which I think it cannot...
Page 351 - For water is a movable, wandering thing, and must of necessity continue common by the law of nature; so that I can only have a temporary, transient, usufructuary, property therein...
Page 291 - Where there are two distinct rights, claimed by different parties, which encroach on each other in the enjoyment of them, the question is, which of the two rights is subservient to the other. It may be either the lord's right which is subservient to the commoners', or the commoners' which is subservient to the lord's.
Page 418 - Rights of this sort, if they can be established at all, must, we think, have their origin in grant.