Common Easement - Law Dictionary Search Results
Home Dictionary Name: common easement Page: 2Prescription
Prescription [fr. pr'scribo, Lat.], title produced and authorised by long usage. It is known in the Roman Law as usucapio.Title by prescription arises from a long-continued and uninterrupted possession of property, and is thus defined by Sir Edward Coke (Co. Litt. 113 b), Pr'scriptio est titulus ex usu et tempore substantiam capiens ab authoritatelegis. (Prescription is a title taking his substance of use and time allowed by the law.)Every species of prescription, by which property is acquired or lost, is founded on the presumption that he who has had a quiet and uninterrupted possession of anything for a long period of years is supposed to have a just right, without which he would not have been suffered to continue in the enjoyment of it. For a long possession may be considered as a better title than can commonly be produced, as it supposes an acquiescence in all other claimants; and that acquiescence also supposes some reason for which the claim was foreborne, 1 Cruise's Dig., tit. X...
prescription
prescription [partly from Middle French prescription establishment of a claim, from Late Latin praescription- praescriptio, from Latin, act of writing at the beginning, order, from praescribere to write at the beginning, dictate, order; partly from Latin praescription- praescriptio order] 1 : acquisition of an interest (as an easement) in real property that is usually less than a fee by long-term, continuous, open, and hostile use and possession as determined by the law of a jurisdiction [gained title by ] see also easement by prescription at easement compare adverse possession at possession 2 in the civil law of Louisiana a : the running of a period of time set by law after which a right is unenforceable in Louisiana courts but may be enforced in another state forum [an interruption of ] [by the of ten years] ;also : the bar to an action that results from prescription see also peremptory exception compare peremption b : the creation of a right by the running of a period of time...
Water and watercourse
Water and watercourse. In the language of the law the term 'land' includes water, 2 Bl. Com. 18. An action cannot be brought to recover possession of a pool or other piece of water by the name of water only, but it must be brought for the land that lies at the bottom, e.g. 'twenty acres of land covered with water.'-Brownl. 142. See POOL. By granting a certain water, though the right of fishing passes, yet the soil does not. Water being a movable, wandering thing, there can be only a temporary, transient, usufructuary property therein. Consult Coulson and Forbes on the Law of Waters, Gale on Easements, and Angell on Watercourse. 'Water' does not include the land on which it stands, unless perhaps in the case of salt pits or springs, where the interest of each owner is measured by builleries, ballaries or buckets of brine, Burt. Comp. pl. (550), and see Co. Litt. 4 b.The (English) Waterworks Clauses Act, 1847, and the Waterworks Clauses Act, 1863 (see Chitty's Statutes, tit. 'Water,' and...
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Light
Light. No right to have the access of the sun's rays to one's windows free from any obstruction exists at Common Law (see DAMNUM ABSQUE INJURIA) but by virtue of the (English) Prescription Act, 1832 (2 & 3 Wm. 4, c. 71), uninterrupted enjoyment of light for twenty years--commonly called 'ancient lights' --constitutes in every case an absolute and indefeasible right to it, unless the enjoyment took place under some deed or written consent or agreement, Hyman v. Van Den Bergh, (1908) 1 Ch 167. See PRESCRIPTION.The Prescription Act has not altered the previous law as to ancient lights, Colls v. Home and Colonial Stores, 1904 AC 179. And the right is to uninterrupted access of such light only as is ordinarily required for ordinary purposes and not to light peculiarly appropriate to the particular purpose for which the light has been used [ibid., overruling Warren v. Brown, (1900) 2 QB 722], and see also Price v. Hildich, (1930) 1 Ch 500.If two tenements belong to a common landlord, the rig...
Burial
Burial. Burial in some part of the parish churchyard without payment is a Common Law right, but not burial in any particular part of it. In order to acquire a perfect right to be buried in a particular vault or place, a faculty must be obtained from the ordinary, as in the case of a pew; or a man may prescribe that he is occupier of an ancient messuage in a parish, and ought to have separate burial in such a vault within the church, and such prescription implies that a faculty was originally obtained. The faculty, however, fails when the family cease to be parishioners. In Bryan v. Whistler, (1828) 8 B. & C. 288, it was held that an exclusive right of burial in a vault is an easement, and therefore cannot be granted by parol or by mere writing without a deed.Burial must not take place except after the Registrar of Births, Deaths or Marriages has issued his certificate of death or by order of a Coroner, see 16 & 17 Geo. 5, c. 48. See CORONER.A clergyman may be prosecuted in the Ecclesia...
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...
Encumbrance
Encumbrance, the word 'encumbrance' in this section can only mean interests in respect of which a compensation was made under s. 11, or could have been claimed. It cannot include the right or the Government to levy assessment on the lands, Collector of Bombay v. Nusserwanji Rattanji Mistri, AIR 1955 SC 298: (1955) 1 SCR 1311. [Land Acquisition Act, (10 of 1894), s. 16]Means a burden of charge upon property, Magaram v. B.O.R., AIR 1990 Raj 90.encumbrance means a burden or charge upon property or claim or lien upon an estate or on the land. 'Encumber' means burden of legal liability on property, and, therefore, when there is encumbrance on a land, it constitutes a burden on the title which diminishes the value of the land, State of Himachal Pradesh v. Tarsem Singh, (2001) 8 SCC 104: AIR 2001 SC 3431 (3434). [Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1973 (18 of 1974), s. 3]Encumbrance, means a liability which burdens the property, for ex-lease mortgage, easement ...
Profit a prendre
Profit a prendre, ' right for a man, in respect of his tenement, to take some profit out of the tenement of another man. Except in the case of a copyholder no claim of a profit ' prendre in alieno solo can be made by custom, nor can it be claimed by a fluctuating body such as the inhabitants of a place (Williams on Rights of Common, p. 194). See LAMMAS LANDS. A prescription in a que estate for a profit a prendre in alieno solo without stint and for commercial purposes is unknown to the law, Harris v. Chesterfield (Earl), 1911 AC 623. As to a demise of a profit a prendre, see Radcliff v. Hayes, (1907) 1 Ir R 101. A profit a prendre in gross is a right of property which may be dealt with and transferred in the manner appropriate to the right, Welcome v. Upton, (1840) 6 M&W 536. Consult Gale on Easements, and Hall on Profits a Prende....
Tenant
Tenant, embraces in itself, the heirs of the deceased called 'statutory tenants' as even after the determination of the tenancy continued to have an estate on the tenanted premises, which are heritable, Kasturi Lal v. Brimlal, 1986 Sim LJ 86.Tenant, includes a sub-tenant and self-cultivating lessee, but shall not include a present holder, Punjab Tenancy Act, 1887, ss. 5, 6, 7, 8; Punjab Settlement Manual, 1899, pp. 142.Tenant, is a word which standing by itself denotes in law 'one who holds lands by any kind of title whether for years or for life or in fee' and does not necessarily mean a lessee unless it is used in opposition to landlord, Ekambara Ayyar v. Meenatchi Ammal, 1904 ILR 27 Mad 401.Means a agriculturist who cultivates personally the land he holds on lease from the landlord and includes a person who is deemed to be a tenant, Racha Naika v. State of Karnataka, 1992 (3) Kant LJ 616.Means a person by whom its rent is payable, and on the tenant's death--(1) in the case of a resi...
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