Adjoining Owner - Law Dictionary Search Results
Home Dictionary Name: adjoining ownerAdjoining owner
Adjoining owner. An adjoining owner has a common law right to the support necessary to sustain his own land in its natural unincumbered state, Brown v. Robins (1859) 4 H. & N. 186; but only obtains a right to support for buildings by grant, express or implied, or by prescription (20 years); see Angus v. Dalton, (1881) 6 App. Cas. 740.By the (English) Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), upon the sale of superfluous lands (s. 127) adjoining owners have a right of pre-emption (s. 128).By the London Building Act, 1930 (21 Geo. 5, c. clviii.), s. 5, the expression 'adjoining owner' means the owner or one of the owners, and 'adjoining occupier' means the occupier or one of the occupiers of land, buildings, storeys or rooms adjoining those of the building owner; see Crosby v. Alhambra Co., (1907) 1 Ch 295. See ACCESS; PARTY-WALLS....
Party-wall
Party-wall, a term which has been used indifferent senses, may mean (1) a wall of which the two adjoining owners are tenants in common: (2) a wall divided longitudinally into two strips, one belonging to each of the neighbouring owners: (3) a wall which belongs entirely to one of the adjoining owners, but is subject to an easement or right in the other to have it maintained as a dividing wall between the two tenements: (4) a wall divided longitudinally into two moieties, each moiety being subject to a cross easement in favour of the owner of the other moiety, Watson v. Gray, (1880) 14 Ch D 192.The common use of a wall separating adjoining lands of different owners is prima facie evidence that the wall and the land on which it stands belongs to the owners of those adjoining lands, in equal moieties, as tenants in common, or would so belong if tenancy in undivided shares in a legal estate had not been done away with by the land legislation of 1925. Now under s. 38, and 1st Sch., Part 5, ...
Tree
Tree. Overhanging branches may be cut by an adjoining owner without notice to the owner of the tree, provided that the adjoining owner does not go upon the land of the owner of the tree, Lemmon v. Webb, 1895 AC 1. No right can be acquired by prescription for trees to overhang: per Lord Macnaghten, ibid.; and an action lies for damage to crops by overhanging trees, Smith v. Giddy, (1904) 1 KB 448.By the highway Act, 1835, ss. 64-66, no tree may be planted within 15 feet of the centre of a highway. See Stillwell v. New Windsor Corpn., (1932) 2 Ch 155 (highway authority removing trees transplanted on ancient highway).Power to plant trees is given to all highway authorities by the Roads Improvement Act, 1925, and also the removal of trees on adjacent land which obstruct the view at corners.As to the power to lop trees overhanging any street or public road in order to prevent interference with a telegraphic line, see the Telegraph (Construction) Act, 1908 (8 Edw. 7, c. 33). See TELEGRAPHS; ...
Superfluous lands
Superfluous lands, lands acquired by a public company under the (English) Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), but not required for the purposes of the undertaking of the company. Such lands must, by ss. 127 and 128 of the Act, be sold within ten years after the time limited for the completion of the undertaking, the person entitled to the lands from which they were originally severed, or, if he refuse, the adjoining owners, having a right of pre-emption; and if the lands are not so sold, they vest in the adjoining owners.The town and (English) Country Planning Act, 1932, 3rd Sch., excepts the operation of ss. 127 to 132 of the L.C.C. Act, 1845, from purchases under the Act of 1932, and see Housing Act, 1936. The law of this subject has given rise to much litigation, the leading case being Great Western Railway Company v. May (1874) LR 7 HL 283. See also Dunhill v. N.E. Ry Co., (1896) 1 Ch 121; and A.G. v. Sunderland Corporation, (1930) 1 Ch 168....
Grazing
Grazing. The right of grazing on the sides of the highway belongs to the adjoining owners usque ad medium filum vi'. See also AGISTMENT. As to power to attach grazing rights to small holdings and allotments, see s. 42 of the Small Holdings and Allotments Act, 1908 (8 Edw. 7, c. 36), as amended by 9 & 10 Geo. 5, c. 59...
London Building Act, 1930
London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.[, a local and personal Act, consolidates the enactments relating to streets and buildings in London, of which the London Building Act, 1894 (57 & 58 Vict. c. ccxiii.), was the most important. The Act has seventeen Parts.I. Introductory.II. Formation and Widening of Streets.III. Lines of Building Frontage.IV. Naming and Numbering of Streets.V. Open Spaces about Buildings and Height of Buildings.VI. Construction of Buildings.VII. Special and Temporary Buildings and Wooden Structures.VIII. Means of Escape in Case of Fire.IX. Rights of Building and Adjoining Owners.X. Dangerous and Neglected Structures.XI. Dangerous and Noxious Businesses.XII. Dwelling-houses on Low-lying Land.XIII. Sky Signs.XIV. Superintending Architects and District Surveyors.XV. Bye-laws.XVI. Legal Proceedings.XVII. Miscellaneous....
Pre-emption, Right of
Pre-emption, Right of, the power of buying a thing before others, as superfluous lands under the (English) Lands Clauses Consolidation Act, 1845, s. 128, which must before sale be offered to the persons from whom they were originally taken, or to the adjoining owners; as to registration of contracts or deeds giving the right of pre-emption as estate contracts, see (English) Land Charges Act, 1925, s. 10. Compare the right of pre-emption which a county council has by virtue of s. 12 (4) of the Small Holdings and Allotments Act, 1908. Also, a privilege formerly allowed to the royal purveyor, but abolished by 12 Car. 2, c. 24. See OPTION TO PURCHASE....
Adjoining
Adjoining, conterminous with, see Mayor, etc., of New Plymouth v. Taranaki Eectric Power Board, 1933 AC 653, but the word sometimes means near or neighbouring; 'adjacent' is not as precise, and this word generally, includes places which are near or neighbouring, ibid.; and see Ecclesiastical Commrs.' Case, 1936 Ch 430.Adjoining includes abutting on, Halsbury's Laws of England, Vol. 21, 4th Edn., Para 726, p. 523....
owner
owner : one with an interest in and often dominion over property: as a : legal owner in this entry b : one with the right to exclusive use, control, or possession of property c : a purchaser under a contract for the sale of real property see also equitable owner in this entry beneficial owner 1 : one holding a beneficial interest in a trust compare beneficial interest at interest 2 : one enjoying the benefit of property of which another is the legal owner [was the beneficial owner of property held by the parent corporation] 3 : one who has or shares the power to control the voting or investment of stock [was considered the beneficial owner of stock held by her minor children] equitable owner : one (as a beneficiary of a trust) who is considered to have rights or obligations of an owner regardless of legal title on the ground of equity [do not have legal title but, upon execution of the contract, they became equitable owners and have power to sue to protect their land "Desse...
Co-owner
Co-owner, has no land on which he could erect a homestead, has preposterous legal implication, Satwant Singh Sodhi v. State of Punjab, (1999) 3 SCC 482.Co-owner, a co-owner is as much an owner of the entire property as any sole owner of a property is, Sri Ram Pasricha v. Jagannath, (1977) 1 SCR 395: (1976) 4 SCC 184: AIR 1976 SC 2335.A co-owner is as much an owner of the entire property as any sole owner of the property is: Jurisprudentially, it is not correct to say that a co-owner of property is not its owner. He owns every part of the composite property along with others and it cannot be said that he is only a part owner or a fractional owner of the property, Kanta Goel v. B.P. Pathak, (1977) 3 SCR 412: (1977) 2 SCC 814: AIR 1977 SC 1599....
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