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Seite 236 - ... years, shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years, but nevertheless such claim may be defeated in any other way by which the same is now liable to be defeated...
Seite 237 - That, when the access and use of light to and for any dwelling-house, workshop, or other building, shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary notwithstanding, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.
Seite 237 - ... been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary notwithstanding, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.
Seite 81 - LAERTES' head. And these few precepts in thy memory Look thou character. Give thy thoughts no tongue, Nor any unproportion'd thought his act. Be thou familiar, but by no means vulgar. The friends thou hast, and their adoption tried, Grapple them to thy soul with hooks of steel ; But do not dull thy palm with entertainment Of each new hatch'd, unfledg'd comrade.
Seite 238 - Moreover this absolute and indefeasible right, which is the creation of the statute, is not subjected to any condition or qualification, nor is it made liable to be affected or prejudiced by any attempt to extend the access or use of light beyond that which, having been enjoyed uninterruptedly during the required period, is declared to be not liable to be defeated.
Seite 229 - It was agreed by all the justices that if two men be owners of two parcels of land adjoining, and one of them doth build a house upon his land, and makes windows and lights looking into the other's lands, and...
Seite 237 - That no claim which may be lawfully made at the common law, by custom, prescription, or grant, to any way or other easement, or to any watercourse, or the use of any water, to be enjoyed or derived upon, over, or from any land or water...
Seite 238 - It is matter juris positivi, and does not require, and therefore ought not to be vested on any presumption of grant or fiction of a license having been obtained from the adjoining proprietor. Written consent or agreement may be used for the purpose of accounting for the enjoyment of the servitude, and thereby preventing the title which would otherwise Ho.
Seite 237 - ... shall have been actually enjoyed by any person claiming right thereto without interruption for the full period of twenty years shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years...
Seite 231 - Hardwicke, that sort of material injury to the comfort of the existence of those who dwell in the neighbouring house, requiring the application of a power to prevent, as well as remedy an evil, for which damages more or less would be given in an action at law.

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