A treatise on the American law of easements and servitudes

A treatise on the American law of easements and servitudes

by Emory Washburn
     
 

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This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back

Overview

This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book.

Product Details

ISBN-13:
2940019600779
Publisher:
Boston : Little, Brown
Format:
NOOK Book
File size:
2 MB

Read an Excerpt


Section 314. And though a man may acquire an easement in gross, like a right of way over another's land, separate and distinct from the ownership of any other estate to which it is appendant, yet if his right to such way result from his ownership of a parcel of land to which it is appendant, he cannot by grant separate the easement from the principal estate to which it is appendaut, so as to turn it into a way in gross, in the hands of his grantee.1 15. It may, accordingly, be stated as a general principle, that if an easement has become appurtenant to an estate, it follows [* 27] every part of the estate into whosesoever hands the * same may come by purchase or descent; " textit{quacm1que servitus fundo debitur, omnibus ejus partibus debitur," provided the burden upon the servient estate is not thereby increased.2 SECTION III. OP ACQUIRING EASEMENTS BY GRANT. 1. How Easements may be created by grant. 2. Easements never presumed to be in gross. 3. No one but the owner of the soil can grant an Easement. 4. No tenant in common can create Easements in Estates in common. 5. Implied grants of Easements. 6. Easements of necessity result from grants or reservations. 7. Nichols textit{v. Luce. All Easements the result of grants. 8. Easements by grant implied from having been used. 9. Cases of Easements implied, as forming a part of the thing granted. 10. Cases where a grant carries an Easement in or parcel of an estate. 11. Cases where Easements are raised by grant, and not by reservation. lln. Cases of grants and reservations of Easements. 12. Reference had to the circumstances of estates to explain grants. 13. Only existing Easements pass as incident to grants of estates. 1 Acroydtextit{v. Smith, 10 C. B. 164; Year B. 5 Hen. VII., fol. 7, pL 15, per textit{Fairfax, J....

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