Neighbour - Law Dictionary Search Results
Home Dictionary Name: neighbourQuare obstruxit
Quare obstruxit, a writ which lay for him who, having a liberty to pass through his neighbour's ground, could not enjoy his right because the owner had obstructed it, Fleta, 1. 4, c. 26.Means why he obstructed. A writ for one who could not enjoy a privilege to pass though a neighbour's land because the neighbour had obstructed the path, Black's Law Dictionary, 7th Edn., p. 1256....
Thistle
Thistle, it was the custom within the manor of Halton, in Chester, that if, in driving beasts over a common, the driver permitted them to graze or take but a thistle, he should pay a halfpenny a-piece, called a 'thistle-take,' to the lord of the fee. And at Fiskerton, in Notinghamshire, by ancient custom, if a native or a cottager killed a swine above a year old, he paid to the lord a penny, which purchase of leave to kill a hog was also called thistle-take.It has been held that an occupier of land has no duty towards his neighbour to prevent thistles from seeding, and is not liable to his neighbour for damage by the seeds being blown on to his neighbour's land, Giles v. Walker, (1890) 24 QBD 656...
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....
Damnum absque injuria
Damnum absque injuria, means if the law gives no remedy, there is 'damnum absque injuria' or damage without the right to recompense, Halsbury's Laws of England 12(1), para 802, p. 264.Damnum absque injuri', [a loss without a wrongful act). Loss without such injury as would give rise to an action for damages against the offending party. This is not actionable. Damnum sine injuri' esse potest, Lofft, 112. Thus, if I have a mill, and a neighbour builds another mill upon his own land, per quod the profit of my mill is diminished, yet no action lies against him, for every one may lawfully erect a mill upon his own ground; though if I have a mill by prescription on my own land, and another erects a new mill, which draws away some portion of the stream from mine, so as to diminish its former power, an action of trespass on the case will lie against him; and if I build a house on the edge of my lands, my neighbour may at any time within twenty years block out my light by any erection he please...
Damnum absque injuri'
Damnum absque injuri', [a loss without a wrongful act). Loss without such injury as would give rise to an action for damages against the offending party. This is not actionable. Damnum sine injuri' esse potest, Lofft, 112. Thus, if I have a mill, and a neighbour builds another mill upon his own land, per quod the profit of my mill is diminished, yet no action lies against him, for every one may lawfully erect a mill upon his own ground; though if I have a mill by prescription on my own land, and another erects a new mill, which draws away some portion of the stream from mine, so as to diminish its former power, an action of trespass on the case will lie against him; and if I build a house on the edge of my lands, my neighbour may at any time within twenty years block out my light by any erection he pleases, so long as he does not trespass, though his doing so after the twenty years would be actionable by virtue of the Prescription Act. See PRESCRIP-TION and UBI JUS, IBI REMEDIUM....
Jus projiciendi
Jus projiciendi, means a servitude granting the right to build a projection from one's house in the open space belonging to a neighbour. Black's Law Dictionary, 7th Edn., p. 867.Jus protegendi, means a servitude granting the right to make the roof or tiling of one's house extend over a neighbour's house, Black's Law Dictionary, 7th Edn., p. 867....
Love day
Love day, the day on which any dispute was amicably settled between neighbours; or a day on which one neighbour helps another without hire....
Support
Support, to support a rule or order is to argue in answer to the arguments of the party who has shown cause against a rule or order nisi.The help which every landowner receives at the boundary of his land from his neighbour's land, which lies close to his and prevents its falling in and crumbling away, as it would do if his neighbour dug away the surface of his land to the very edge, Goddard on Easements. The right of an owner to the support of surface in its natural position is a presumption of Common Law and not part of a grant of mines or power to work the same, and a power to let down the surface must be expressly granted in a lease, Warwickshire Coal Company v. Coventry Corporation, 1934 Ch 488. As to the right of support for buildings, see, further, the leading case of Dalton v. Angus, (1881) 6 App Cas 740, in which it was held by the House of Lords that there is natural right to lateral support for buildings. This is an easement which may be acquired by twenty years' uninterrupt...
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 ...
Idioblast
An individual cell differing greatly from its neighbours in regard to size structure or contents...
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