The Law Relating to Easements in British IndiaThacker, Spink & Company, 1909 - 782 pagina's |
Overige edities - Alles bekijken
Veelvoorkomende woorden en zinsdelen
acquiescence acquired acquisition action affirmative ancient lights Angus applied appurtenant arising Att.-Genl Bagram building Burma burthen Chap Chowdhry Chunder Churn claimed Colls Colonial Stores common law covenant Dalton damage decision defendant defendant's dominant owner dominant tenement Doorga easement of light easement of support English law enjoyed enjoyment entitled erected exercise existence express Grand Junction Canal grant grantor Home and Colonial House of Lords I. E. Act Ibid Indian Ease Indian Easements Act Indian Limitation Act infra injunction L. J. Ch L. J. Exch light and air Lord ments Act natural rights neighbour nuisance obligation obstruction ownership period person plaintiff Prescription Act prescriptive period prescriptive right presumption principle profits à prendre purpose quasi-easements question right of support right to light Roman law rule servient owner servient tenement shew Singh soil stream supra tion twenty ubi sup watercourse
Populaire passages
Pagina 253 - We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there, anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so is prima facie answerable for all the damage which is the natural consequence of its escape.
Pagina 273 - ... 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 while it passes along. Aqua currit et debet currere ut currere solebat is the language of the law.
Pagina 254 - ... should be obliged to make good the damage which ensues if he does not succeed in confining it to his own property. But for his act in bringing it there no mischief could have accrued, and it seems but just that he should at his peril keep it there so that no mischief may accrue, or answer for the natural and anticipated consequences. And upon authority, this we think is established to be the law whether the things so brought be beasts, or water, or filth, or stenches.
Pagina 307 - ... appertaining or reputed to appertain to the land, houses, or other buildings conveyed, or any of them, or any part thereof, or at the time of conveyance demised, occupied, or enjoyed with, or reputed or known as part or parcel of or appurtenant to, the land, houses, or other buildings conveyed, or any of them, or any part thereof.
Pagina 124 - ... that the person who owns the surface may dig therein, and apply all that is there found to his own purposes, at his free will and pleasure...
Pagina 275 - But, further, he has a right to the use of it for any purpose, or what may be deemed the extraordinary use of it, provided that he does not thereby interfere with the rights of other proprietors, either above or below him. Subject to this condition, he may daui up the stream for the purpose of a mill, or divert the water for the purpose of irrigation.
Pagina 673 - ... claim may be defeated in any other way by which the same is now liable to be defeated...
Pagina 674 - ... 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.
Pagina 674 - ... for the full period of twenty years, shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years, but nevertheless such claim may be defeated...
Pagina 307 - This section applies only if and as far as a contrary intention is not expressed...