 where a man having a close surrounded with his own land grants the close to another, the grantee shall have a way to the close over the grantor's land, as incident to the grant; for without it he cannot derive any benefit from the grant.  A Treatise Upon the Law of Eminent Domain - Page 32by Henry Edmund Mills - 1879 - 404 pagesFull view - About this book
 | William Selwyn - Nisi prius - 1812 - 732 pages
...Manstield, SC 5. For Necessity. — If a person having a close, bounded on every side by his own land, grants the close to another, the grantee shall have a way to the close, as incident to the grant, or, as it is sometimes termed, a way of necessity; for otherwise he cannot... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1825 - 562 pages
...limited by necessity. Serjt. Williams says, " where a man having a close surrounded with his own land grants the close to another, the grantee shall have...over the grantor's land, as incident to the grant; for without it he cannot derive any benefit from the grant. So it is where he grants the land, and... | |
 | Henry Roscoe - Actions and defenses - 1825 - 838 pages
...where a man having a close surrounded by his own land, grants that close to another, the grantee has a way to the close over the grantor's land, as incident to the grant, (c) Such a way of necessity is not extinguished by unity of possession, for unity of possession appears... | |
 | William Blackstone - Law - 1827 - 916 pages
...having a close surroundc-d with his own land, grants the close to another in fee for life or years, the grantee shall have a way to the close over the grantor's land as incident to the grant, for without it he cannot derive any benefit from the grant , so it is u horr' he grants the land and... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1827 - 842 pages
...having a close surrounded with his own land, grants the close to another in fee, for life, or years, the grantee shall have a way to the close over the grantor's land as incident to the grant, for without it he cannot derive any benefit from the grant : so it is, where he grants the land, and... | |
 | Joseph Story - Civil procedure - 1829 - 736 pages
...having a close surrounded with his own land, grants the close to another, in fee, for life, or years, the grantee shall have a way to the close over the grantor's land, as incident to the grant, for without it he cannot derive any benefit from the grant. So it is where he grants the land and reserves... | |
 | William Blackstone - Great Britain - 1838 - 910 pages
...having a close surrounded with his own land, grants the close to another in fee for life or years, the grantee shall have a way to the close over the grantor's land, as incident to the grant, for without it he cannot derive any benefit from the grant ; so it is where he grants the land and... | |
 | Charles James Gale, Thomas Denman Whatley - Servitudes - 1840 - 382 pages
...limited by necessity." Serjeant Williams says, " Where a man, having a close surrounded by his own land, grants the close to another, the grantee shall have...over the grantor's land, as incident to the grant. What way is it the grantee shall have ? Not the old, but a new way, limited by the necessity." In Clark... | |
 | Great Britain. Court of King's Bench, Edmund Saunders - Law reports, digests, etc - 1845 - 968 pages
...in law only, for the reasons of Twysden abovementioncd. (7) And another in fee, for life or years, the grantee shall have 'a way to the close over the grantor's land as incident to the grant; for without it he cannot derive any benefit from the grant. So it is whore he grants the lands and... | |
 | Great Britain. Courts - Common law - 1854 - 1124 pages
...having a close surrounded with his own land, grants the close to another in fee, for life or years, the grantee shall have a way to the close over the grantor's land as incident to the grant, for without it he cannot derive any benefit from the grant." The way which would be the most direct... | |
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