The Law of Real Property and Deeds Volume 2

The Law of Real Property and Deeds Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...where a millpond and surrounding lands, portions of which were sometimes flooded, are owned by one person, the idea of an easement does not attach to such use of the water, while such person owns all the land. The land with the-stream and use of it as a water right constitute an entire estate, of which the dam and its use are parcel, and neither, it is held, can be considered an encumbrance within the meaning of the covenant.' 909. Right to use stairway in common.--A deed was executed with covenants. The owner of adjoining premises had the right to use in common a stairway which was a part of the premises conveyed. An action was brought for a breach of the covenant against encumbrances, on the ground that the right to such use was a breach. It was contended before the court that, because the stairway was not in existence when the covenant giving the adjoining owner the use of the stairway was made, the encumbrance did not run with the land, but was simply a personal covenant between the immediate parties to it. The court, however, decided that, whatever the previous condition of things may have been, there was a valid subsisting encumbrance, in the nature of an easement, upon the premises, and that the covenant against encumbrances was clearly broken by the existence of this easement.' 910. Public highways as encumbrances.--The decisions of the courts as to whether the existence of a public highway should be considered an encumbrance are conflicting, and in the same State, in some instances, the course Of decision has been vacillating. Decisions may be found to the effect that a public road is not an encumbrance.' And in Indiana, this was at first laid down as the law.' But subsequently this more

Product details

  • Paperback | 366 pages
  • 189 x 246 x 19mm | 653g
  • United States
  • English
  • black & white illustrations
  • 1236851900
  • 9781236851901