A Treatise on the Law of Window LightsButterworths, 1867 - 253 σελίδες |
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Σελίδα vii
... tenement , there is an implied grant by him of the quasi easements which have been enjoyed therewith .. .. So when ... servient tenement must not make any such use thereof as to render the dominant tenement uncom- fortable for occupation ...
... tenement , there is an implied grant by him of the quasi easements which have been enjoyed therewith .. .. So when ... servient tenement must not make any such use thereof as to render the dominant tenement uncom- fortable for occupation ...
Σελίδα viii
... servient tenement Effect of the destruction of the dominant tenement .. 130 . 132 And of the erection of a new tenement in its place .. 134 SECTION 2 . Of the Loss of the Right by express Release . A release by deed is necessary · But ...
... servient tenement Effect of the destruction of the dominant tenement .. 130 . 132 And of the erection of a new tenement in its place .. 134 SECTION 2 . Of the Loss of the Right by express Release . A release by deed is necessary · But ...
Σελίδα ix
... dominant and servient tenements become the property of one owner , the right to window lights enjoyed by the one over the other is extinguished But to have this effect his estate in the dominant and in the ser- vient tenement must be ...
... dominant and servient tenements become the property of one owner , the right to window lights enjoyed by the one over the other is extinguished But to have this effect his estate in the dominant and in the ser- vient tenement must be ...
Σελίδα xii
... dominant to the owner of the servient tenement to erect a house , notwithstanding it may infringe his right to window lights 237 239 240 .. 240 LIST OF CASES . THE LAW OF WINDOW LIGHTS . xii CONTENTS .
... dominant to the owner of the servient tenement to erect a house , notwithstanding it may infringe his right to window lights 237 239 240 .. 240 LIST OF CASES . THE LAW OF WINDOW LIGHTS . xii CONTENTS .
Σελίδα 7
... tenements , by which the servient owner is obliged to suffer , or not to do something on his own land , for the benefit of the dominant owner " ( p ) . There must be two distinct tenements - the dominant , to which the right belongs ...
... tenements , by which the servient owner is obliged to suffer , or not to do something on his own land , for the benefit of the dominant owner " ( p ) . There must be two distinct tenements - the dominant , to which the right belongs ...
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Συχνά εμφανιζόμενοι όροι και φράσεις
abandonment abate access of light acquiescence acquired action adjoining land alteration ancient lights ancient windows apply arise assignee Auction Mart Company authority Beav benefit bill building cited claim considered continuous conveyance court of equity covenant custom damages decided decision deed defendant defendant's doctrine dominant tenement Duke easement effect enjoyed enjoyment entitled erected existence express extent fee simple Gale ground held House of Lords implied grant injunction injury intention interfere interruption judgment jurisdiction jury Kindersley lease licence light and air Lord Chancellor Lord Cottenham Lord Cranworth Lord Eldon Lord Westbury ment messuage Moxhay neighbour nuisance occupation old window opinion owner party person plaintiff plaintiff's house premises Prescription Act prevent principle purchaser Pyer question remedy restrain right to window rule servient tenement servitudes sold Tapling tenant thereof tion twenty unity of possession vendor Vice-Chancellor Vict wall window lights Wood
Δημοφιλή αποσπάσματα
Σελίδα 148 - Of course, the price would be affected by the covenant, and nothing could be more inequitable than that the original purchaser should be able to sell the property the next day for a greater price, in consideration of the assignee being allowed to escape from the liability which he had himself undertaken.
Σελίδα 148 - That the question does not depend upon whether the covenant runs with the land is evident from this, that if there was a mere agreement and no covenant, this Court would enforce it against a party purchasing with notice of it; for if an equity is attached to the property by the owner, no one purchasing with notice of that equity can stand in a different situation from the party from whom he purchased.
Σελίδα 237 - AB of of the one part, and CD of of the other part, witnesseth that in consideration of the sum of £ now paid to AB by CD, the receipt of which the said AB hereby acknowledges [or whatever else the consideration may be], he the said...
Σελίδα 185 - ... complained of, or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating to the same property or right...
Σελίδα 22 - ... no act or other matter shall be deemed to be an interruption, within the meaning of this statute, unless the same shall have been or shall be submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made.
Σελίδα 188 - If the thing sought to be prohibited is in itself a nuisance, the Court will interfere to stay irreparable mischief without waiting for the result of a trial ; and will, according to the circumstances, direct an issue or allow an action, and, if need be, expedite the proceedings, the injunction being in the meantime continued.
Σελίδα 148 - That this Court has jurisdiction to enforce a contract between the owner of land and his neighbour purchasing a part of it, that the latter shall either use or abstain from using the land purchased in a particular way, is what I never knew disputed.
Σελίδα 10 - I see by little and little more of what is to be done, and how it is to be done, should I ever be able to do it.
Σελίδα 145 - The knowledge by an assignee of an estate, that his assignor had assumed to bind others than the law authorises him to affect by his contracts — had attempted to create a real burthen upon property, which is inconsistent with the nature of that property, and unknown to the principles of the law, cannot bind such assignee by affecting his conscience.
Σελίδα 79 - ... an inconvenience materially interfering with the ordinary comfort, physically, of human existence, not merely according to elegant or dainty modes and habits of living, but according to plain and sober and simple notions among the English people?