Adjoining Owner - Law Dictionary Search Results
Home Dictionary Name: adjoining owner Page 1 of about 26 results (0.004 seconds)Adjoining 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....
Way
Way [fr. w'g, Sax.; weigh, Dut.; vig or wig, M. Goth.], road made for passengers.1. A passage or pat 2. A right to travel over another's property, Black's Law Dictionary, 7th Edn., p. 1587.There are three kinds of ways:-1st, a footway (iter); 2nd, a footway and horseway (actus, vulgarly called packe and prime way; 3rd, via or aditus, which contains the other two, and also a cartway, etc.; and this is two-fold, viz., regia via, the king's highway for all men, and communis strata, belonging to a city or town or between neighbours and neighbours. This is called in our books chimin, Co. Litt. 56 a.All ways are divided into highways and private ways. A right of way strictly means a private way, i.e. a privilege which an individual or a particular description of persons may have of going over another's ground. Such a right is an incorporeal hereditament.A highway is a public passage for the sovereign and all his subjects, and it is commonly called the king's public highway; and the turnpike ...
Access
Access, approach, or the means of approaching. The presumption of a child's legitimacy is rebutted, if it be shown by strong, distinct, satisfactory, and conclusive evidence, see Atchley v. Sprigg, (1864) 33 LJ Ch 345, that the husband-whether before or after marriage-had not access to his wife within such a period of time before the birth, as admits of his having been the father. 'If a husband have access, although others, at the same time, are carrying on a criminal intimacy with his wife, a child born under such circumstances is still legitimate': per Alderson, J., in Cope v. Cope, (1833) 5 C&P 604. Neither husband nor wife is admissible as a witness to prove non-access, Goodright v. Moss, (1777) 2 Cowp p. 594. See also Poulett Peerage Case, 1903 AC 395, and Russell v. Russell, 1924 AC 687 see PATERNITY.An owner of land adjoining a highway has a right of access to it where the land adjoins for any kind of traffic required for the reasonable enjoyment of his property, Lyon v. Fishmon...
easement
easement [Anglo-French esement, literally, benefit, convenience, from Old French aisement, from aisier to ease, assist] : an interest in land owned by another that entitles its holder to a specific limited use or enjoyment (as the right to cross the land or have a view continue unobstructed over it) see also dominant estate and servient estate at estate compare license, profit, right of way, servitude affirmative easement : an easement entitling a person to do something affecting the land of another that would constitute trespass or a nuisance if not for the easement compare negative easement in this entry apparent easement : an easement whose existence is detectable by its outward appearance (as by the presence of a water pipe) ap·pur·te·nant easement [ə-pərt-n-ənt-] : easement appurtenant in this entry common easement : an easement in which the owner of the land burdened by the easement retains the privilege of sharing the benefits of the easeme...
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