The Law Magazine and Review: A Quarterly Review of Jurisprudence, Volume 4Saunders and Benning, 1879 - Law |
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Page 286
So again , to hold that enjoyment of the right as owner thereof in itself gave a title
, is a course for which the previous decisions give no sanction , and which is ,
moreover , in the case of negative easements at any rate , manifestly unjust .
So again , to hold that enjoyment of the right as owner thereof in itself gave a title
, is a course for which the previous decisions give no sanction , and which is ,
moreover , in the case of negative easements at any rate , manifestly unjust .
Page 288
satisfactory footing , another notion which pervades one of the judgments in this
case must also be got rid of , and that is that all acquisition of easements by
enjoyment rests upon the presumed assent of the servient owner . It is hard to
know ...
satisfactory footing , another notion which pervades one of the judgments in this
case must also be got rid of , and that is that all acquisition of easements by
enjoyment rests upon the presumed assent of the servient owner . It is hard to
know ...
Page 289
351 ) that the scientia domini was not a requisite to the acquisition of easements
by prescription under the Roman Law . Strange to say , whilst insisting
vehemently upon the necessity of presumed assent or acquiescence on the part
of the ...
351 ) that the scientia domini was not a requisite to the acquisition of easements
by prescription under the Roman Law . Strange to say , whilst insisting
vehemently upon the necessity of presumed assent or acquiescence on the part
of the ...
Page 292
Savigny , by no means an impulsive lawyer , calls such a state of things
monstrous , and not being embarrassed by the Prescription Act , proceeds to
examine whether upon true principles of law a negative easement is gained
merely because ...
Savigny , by no means an impulsive lawyer , calls such a state of things
monstrous , and not being embarrassed by the Prescription Act , proceeds to
examine whether upon true principles of law a negative easement is gained
merely because ...
Page 293
town , when a man added a new storey to his house , his neighbours began to “
interrupt ” his enjoyment of the various easements incident to such a building .
They would have to treat him as bees are said to treat an intruder into their hives
...
town , when a man added a new storey to his house , his neighbours began to “
interrupt ” his enjoyment of the various easements incident to such a building .
They would have to treat him as bees are said to treat an intruder into their hives
...
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