Appurtenant - Law Dictionary Search Results
Home Dictionary Name: appurtenant Page: 2 Page 2 of about 57 results ( seconds)Extinguishment
Extinguishment, the annihilation of a collateral interest, or the supersedure of one interest by another and greater interest in that out of which it is derived. It is of various natures as applied to various rights.The cessation or cancellation of some right on interest, Black's Law Dictionary, 7th Edn., p. 604.(1) Extinguishment of common. It he who is entitled to common appurtenant purchase any part of the land which is subject to his right of common, that right is extinguished for the whole; and so, if he release his right over any part of the land. But it has been justly doubted whether in any case, and especially if all persons who have common appurtenant in the same land concur in discharg-ing some part of it, this legal trap should be allowed to operate, Burton's Comp., 8th Edn. 352. If one of the tenants of a manor purchase any part of the land over which he has a right of common appendant, his right over the rest will continue. So, on the alienation of any part of land to whi...
Turbary
Turbary [fr. turbus or turva, obs. Lat. turf, or Saxon, meaning either the right of taking turf, or the ground whence it is taken[, the liberty of digging turf upon another man's ground. It may be either by grant or prescription, and either appurtenant or in gross. It can be appurtenant only to a house, and can only be a right to take turf for fuel for such house, 1 Steph. Com. There can be no approver (see APPROVEMENT) against common of turbary: see Williams on Rights of Common....
Power
Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own benefit or for that of others. The word is used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary.Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or persons as he pleases, including himself, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218.Means any form of energy which is not generated by human or animal agency. [The Gujarat Lifts and Escalators Act...
Place of public worship
Place of public worship, means a place, by whatever name known, which is used as a place of public religious worship or which is dedicated generally to, or is used generally by persons professing any religion or belonging to any religious denomina-tion or any section thereof, for the performance of any religious service, or for offering prayers therein, and includes-(i) all lands and subsidiary shrines appurtenant or attached to any such place.(ii) a privately owned place of worship which is, fact, allowed by the owner thereof to be used as a place of public worship; and(iii) such land or subsidiary shrine appurtenant to such privately owned place of worship as is allowed by the owner thereof to be used as a place of public religious worship. [Protection of Civil Rights Act, 1955 (22 of 1955), s. 2 (d)]...
Drain
Drain. By s. 343 of the (English) Public Health Act, 1936, the following definition is given for that Act if not inconsistent with the context:'Drain' means a drain used for the drainage of one building or of any buildings or yards appurtenant to buildings within the same curtilege.'Sewer' does not contain a drain as defined in this section, but, save as aforesaid, includes all sewers and drains used for the drainage of buildings and yards appurtenant to buildings. The definitions under the Public Health Act, 1875, s. 4, and amending Acts, gave rise to some uncertainty, see Humphery v. Young, (1903) 1 KB 44, and Travis v. Uttley, (1894) 1 QB 233, and see s. 90 of the 1936 Act.See PUBLIC SEWER....
Common of fishery
Common of fishery, is a liberty of fishing in another man's waters in common with certain other person. It may be held as either appurtenant to a house or land (but not to a pasture), or in gross, but it appurtenant may not be without stint, Halsbury's Laws of England, para 617, p. 262....
Building
Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...
Hereditaments
Hereditaments, every kind of property that can be inherited; i.e., not only property which a person has by descent from his ancestors, but also that which he has by purchase, because his heir can inherit it from him. The two kinds of hereditaments are corporeal, which are tangible (in fact, they mean the same thing as land), and incorporeal, which are not tangible, and are the rights and profits annexed to, or issuing out of, land. It includes money held in trust to be laid out in land [Re Gosselin, (1906) 1 Ch 120].Any property that can be inherited; anything that passes by intestacy, Black's Law Dictionary, 7th Edn., p. 730.The enumeration of incorporeal hereditaments in Hale's Analysis (p. 48) is the following:-Rents, services, tithes, commons, and other profits in alieno solo, pensions, offices, franchises, liberties, villains, dignities. But Blackstone enumerates ten principal kinds:-Advowsons, tithes, commons, ways, offices, dignities, franchises, corodies or pensions, annuities,...
Rent
Rent [fr. reditus Lat.], a certain profit issuing yearly out of lands and tenements corporeal; it may be regarded as of a two fold nature--first, as some-thing issuing out of the land, as a compensation for the possession during the term; and secondly, as an acknowledgment made by the tenant to the lord of his fealty or tenure. It must always be a profit, yet there is no necessity that it should be, as it usually is, a sum of money; for spurs, capons, horses, corn, and other matters, may be, and occasionally are, rendered by way of rent; it may also consist in services or manual operations, as to plough so many acres of ground and the like; which services, in the eye of the law, are profits. The profit must be certain, or that which may be reduced to a certainty by either party; it must issue yearly, though it may be reserved every second, third, or fourth year; it must issue out of the thing granted, and not be part of the land or the thing itself.Consideration paid, usu. periodically...
Kudiyiruppu
Kudiyiruppu, 'kudiyiruppu' means a holding or part of holding consisting of the site of any residen-tial building, the site or sites of other buildings appurtenant thereto, such other lands as are necessary for the convenient enjoyment of such re-sidential building and easements attached thereto, but does not include a kudikidappu, Kuchiyan Govinda Swami v. Kalliani Amma Lakshmi Amma, AIR 1966 SC 1937 (1939): (1966) Supp SCR 135. [Kerala Land Reforms Act, 1963 (1 of 1964), s. 2(28)]Means a plot of ground can become a kudiyiruppu only when it forms or includes the site of a residential building. In other words, a vacant site not attached to a residential building will not be a kudiyiruppu, Sainavabu Umma v. Kunhammad, 1957 Ker LT 563: 1957 Ker LJ 503....
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