A Treatise on the Law of Dilapidations and Nuisances |
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A Treatise on the Law of Dilapidations and Nuisances (Classic Reprint) David Gibbons No preview available - 2018 |
Common terms and phrases
action of waste Archbishop assignee benefice Bing bishop Bishop of Durham bound to repair breach buildings chancel Chancery church churchwardens churchyard Commissioners common law Court of Chancery covenant to repair custom damages Dean and Chapter decay defendant demised dilapidations easement Ecclesiastical Court emblements entitled erected executor fell fence fire fixtures forfeiture freehold glebe Glocester granted held highway impeachment of waste incumbent injunction injury Inst insured jury land landlord lease lessee lessor liable for waste Lord Lord Coke Lord Hardwicke manure ment negligence nuisance obligation to repair ornament parish parishioners party permissive waste person plaintiff prebendary premises prohibition purpose reason rebuild rector remainderman remedy remove rent residence Salk sewers statute statute of Anne stay waste successor surveyor tenants in common tenements term timber tion trees trespass vicar vicarage Vict voluntary waste wall woods writ
Popular passages
Page 155 - Where a very old building is demised, and the lessee enters into a covenant to repair, it is not meant that the old building is to be restored in a renewed form at the end of the term, or of greater value than it was at the commencement of the term.
Page 67 - ... and no other action real or mixed (except a writ of right of dower or writ of dower unde nihil habet, or a quare...
Page 298 - Act, shall be deemed or taken to be a highway which the inhabitants of any parish shall be compellable or liable to repair, unless the person, body politic or corporate...
Page 98 - A tenant from year to year is bound to commit no waste, and to make fair and tenantable repairs, such as putting in windows or doors that have been broken by him, so as to prevent waste and decay of the premises...
Page 114 - ... buildings erected by tenants for the purposes of farming, were, or rather ought to be, governed by the same rules which had been so long judicially holden to apply in the case of buildings for the purposes of trade. But the case of buildings for trade has been always put and recognized as a known allowed exception from the general rule, which obtains as to other buildings...
Page 138 - Stamp, above cited, and providing that "no action, suit or process whatsoever shall be had, maintained or prosecuted against any person in whose house or chamber any fire shall accidentally begin, or any recompense be made by such person for any damage suffered or occasioned thereby ; any law or usage or custom to the contrary notwithstanding.
Page 364 - The right to the use of water," said Sir J. Leach, in Wright v. if right v. Howard (t), "rests upon clear and settled principles; prima facie, the proprietor of each bank of a stream is the proprietor of half the land covered by the stream, but there is no property in the water.
Page 25 - It follows from the first of these propositions, that the third mode of computation proposed in the case cannot be the right one ; because a tenant, not obliged by covenant to do repairs, is not bound to rebuild or replace. The landlord is the person who, when the subject of occupation perishes, is to provide a new one, if he...
Page 22 - ... decent condition for the immediate occupation and use of his successor; that such repairs were to be ascertained with reference to the state and character of the buildings, which were to be restored where necessary, according to their original form, without addition or modern improvement...