A Treatise On the Law of Easements
A Treatise On the Law of Easements
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A diversion of the water which issues from the spring for irrigation, if continued for 20 years, will be presumptive evidence of a grant. Smith v. Mams. 6 Paige 435.
(a) Cited in Bealey v. Shaw, 6 East, 213, and recognised by the Court of K. B. In Mason v. Hill, 5 B. & Add. 25 ; 2 Nev. «& M. 747. (h) 6 East, 208.
m ACQUISITION OF PARTICULAR EASEMENTS.
No title by mere occupancy. Bealey v. Shaw.
ever been done by themselves or those under whom they claimed, after the plaintiff had appropriated w...hat was before left for himself, by means of which his works were injured, tliis was a damage to him, and the continnance by tlie defendants, who succeeded to the premises of the sluice so deepened and enlarged was a continuance of the injury for which the action lay. " A verdict having been found for the plaintiff on this ruling, a new trial was moved for, on the ground that " the evidence of exchisive enjoyment by the defendants, and those from whom they claimed, to as much of the water as tlicy had occasion for, increased from time to time, as more was wanted from 1794 downwards, was evidence to be left to the jury, of their exclusive *142 right to the whole of the river water ; * and that any other person erecting a mill afterwards on the same stream, must take it subject to the defendants' prior right to use the whole, and could not acquire an adverse title against it under twenty years' quiet enjoyment.
What to read after A Treatise On the Law of Easements?
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To quickly assess the difficulty of the text, read a short excerpt:
A diversion of the water which issues from the spring for irrigation, if continued for 20 years, will be presumptive evidence of a grant. Smith v. Mams. 6 Paige 435.
(a) Cited in Bealey v. Shaw, 6 East, 213, and recognised by the Court of K. B. In Mason v. Hill, 5 B. & Add. 25 ; 2 Nev. «& M. 747. (h) 6 East, 208.
m ACQUISITION OF PARTICULAR EASEMENTS.
No title by mere occupancy. Bealey v. Shaw.
ever been done by themselves or those under whom they claimed, after the plaintiff had appropriated w...hat was before left for himself, by means of which his works were injured, tliis was a damage to him, and the continnance by tlie defendants, who succeeded to the premises of the sluice so deepened and enlarged was a continuance of the injury for which the action lay. " A verdict having been found for the plaintiff on this ruling, a new trial was moved for, on the ground that " the evidence of exchisive enjoyment by the defendants, and those from whom they claimed, to as much of the water as tlicy had occasion for, increased from time to time, as more was wanted from 1794 downwards, was evidence to be left to the jury, of their exclusive *142 right to the whole of the river water ; * and that any other person erecting a mill afterwards on the same stream, must take it subject to the defendants' prior right to use the whole, and could not acquire an adverse title against it under twenty years' quiet enjoyment.
What to read after A Treatise On the Law of Easements?
You can find similar books in the "Read Also" column, or choose other free books by Charles James Gale to read onlineMoreLess
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