Opis: A Treatise on the Law of Easements (Classic Reprint) - Gale Charles James

Excerpt from A Treatise on the Law of Easements

The want of a treatise upon those important rights known in the Law of England by the name of "Easements" has, it is believed, been sensibly felt by the Profession.

The length of time which has elapsed without any attempt having been made to supply this want affords a sufficient reason for the appearance of the present Essay. The difficulties which arise from the abstruseness and refinements incident to the subject, have been increased by the comparatively small number of decided Cases affording matter for defining and systematizing this branch of the law. Upon some points, indeed, there is no authority at all in the English Law; - of the decisions, some depend upon the circumstances of the particular case, and some are irreconcilable with each other.

Water-courses are the only class of Easements with regard to which the law has been settled with any degree of precision.

A desire to remedy an admitted defect led to passing of the Prescription Act - a statute, which has not only failed in effecting its particular object, but has introduced greater doubt and confusion than existed before its enactment. In fact, had it not been held, that the statute did not repeal the Common Law, many rights which have been enjoyed immemorially would have been put an end to by circumstances which never could have been intended to have that effect.

As in many other branches of the law of England, the earlier authorities upon the law of Easements appears to be based upon the Civil Law, modified, in some degree, probably, by a recognition of customs which existed among our Norman ancestors.

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Szczegóły: A Treatise on the Law of Easements (Classic Reprint) - Gale Charles James

Nazwa: A Treatise on the Law of Easements (Classic Reprint)
Autor: Gale Charles James
Wydawnictwo: FB &c Ltd
Kod paskowy: 9781330654804
Języki: angielski
Ilość stron: 374
Format: 15.2x22.9cm
Oprawa: Miękka

Recenzje: A Treatise on the Law of Easements (Classic Reprint) - Gale Charles James