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" ... shall have been so enjoyed as aforesaid for the full period of forty years, the right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that... "
The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ... - Seite 298
1871
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The Law of Light and Air

Alfred Arthur Hudson, Arnold Inman - 1905 - 246 Seiten
...shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing. .3. --And be it further enacted, That when the access and use of light to and for any dwelling-house,...
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An Epitome of the Law Relating to Easements

Thomas Tolmé Blyth - 1905 - 171 Seiten
...shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some Consent or Agreement expressly given or made for that Purpose by Deed or Writing." Effect of the section.— The effect of this section is, put shortly, this : If twenty years' enjoyment...
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Canada Supreme Court Cases: A Collection of Judgments of the Supreme Court ...

Canada. Supreme Court - 1905 - 626 Seiten
...the exception of sec. 35. After it was executed, the way along the lane was beyond question enjoyed by consent or agreement expressly given or made for that purpose by writing. If there had been an existing right, as, eg, if the right of way had been granted by the deed...
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Supreme Court Cases: A Collection of Judgments ...

Canada. Supreme Court - 1905 - 626 Seiten
...the exception of sec. 35. After it was executed, the way along the lane was beyond question enjoyed by consent or agreement expressly given or made for that purpose by writing. If there had been an existing right, as, eg, if the right of way had been granted by the deed...
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Select Cases and Other Authorities on the Law of Property, Band 3

John Chipman Gray - 1906
...shall be deemed absolute and indefeasible, unless it shall appear that the game was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing. "III. When the access and use of light to and for any dwelling-house, workshop, or other building shall...
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Conveyancing and Other Forms: Precedents for Every Province and Territory of ...

Arthur Henry O'Brien - 1910 - 938 Seiten
...prevent a prescriptive use of a way it must be shown that the right to such way "was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing." AFFIDAVITS. COUNTY [or, District] of AFFIDAVIT. (General form (a).) [or, United Counties of and ],...
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British Ruling Cases from Courts of Great Britain, Canada, Ireland ..., Band 4

1915
...shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing." The words, "so enjoyed as aforesaid," seem to show clearly enough that the enjoyment for the period...
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Professional Notes, Band 6

Royal Institution of Chartered Surveyors - 1894
...shall " be deemed absolute and indefeasible, unless it shall appear that the " same was enjoyed by some consent or agreement expressly given or " made for that purpose by deed or writing." By section 3, " When " the access and use of light to and for any dwelling-house, workshop, " or other...
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Reports of the Exchequer Court of Canada, Band 7

Canada. Exchequer Court - 1902
...should be deemed absolute and indefeasible, unless it should appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing. By the fifth section of the Act it was, among other things, provided that in all pleadings to actions...
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The Law Times Reports: Containing All the Cases Argued and ..., Band 25

1872
...thereto within the meaning of that Act. I do not think the Canal Act can properly he used as showing that the enjoyment was by " consent or agreement expressly...that the obedience compelled by the Legislature was coneeut or agreement. But I think the Canal Act docs conclusively show what was the nature of the user,...
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