The Law of Boundaries & Fences in Relation to the Seashore and Sea-bed, Public and Private Rivers and Lakes, Private Properties, Mines, Railways, Highways, Canals, Waterworks, Parishes and Counties, Church Lands, Inclosed Lands, Roads, Etc: Together with the Evidence in Proof of Boundaries and the Remedies where Boundaries, Etc., are Affected Or Confused, and Including the Law of Party Walls and Party Structures, Both Generally and Within the Metropolis

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Butterworth & Company, 1904 - Adjoining landowners - 314 pages

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Page 157 - Which will well enough account for the frequent intermixture of parishes one with another. For if a lord had a parcel of land detached from the main of his estate, but not sufficient to form a parish of itself, it was natural for him to endow his newly erected church with the tithes of those disjointed lands ; especially if no church was then built in any lordship adjoining to those out-lying parcels.
Page 73 - Also sufficient posts, rails, hedges, ditches, mounds, or other fences for separating the land taken for the use of the railway from the adjoining lands not taken, and protecting such lands from trespass, or the cattle of the owners or occupiers thereof from straying thereout...
Page 82 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Page 173 - ... either for constituting separate parishes out of the divided parish or for amalgamating some of the parts thereof with the parish or parishes in which the same may be locally included, or to which they may be annexed, as shall appear to such Board to be most convenient, and providing where requisite for a change of the county of the parish or part of a parish.
Page 98 - ... neither being subject to any servitude to the other, — to work his own in the manner most convenient and beneficial to himself, although the natural consequence may be, that some prejudice will accrue to the owner of the adjoining mine, so long as that does not arise from the negligent or malicious conduct of the party.
Page 25 - And as to lands gained from the sea, either by alluvion, by the washing up of sand and earth, so as in time to make terra firma; or by dereliction, as when the sea shrinks back below the usual water-mark ; in these cases the law is held to be, that if this gain be by little and little, by small and imperceptible degrees, it shall go to the owner of the land adjoining.
Page 112 - The company shall not be entitled to any mines of coal, ironstone, slate, or other minerals under any land purchased by them, except only such parts thereof as shall be necessary to be dug or carried away or used in the construction of the works...
Page 104 - It is a well settled rule of law, that damages resulting from one and the same cause of action, must be assessed and recovered once for all.
Page 142 - A Right to cut away any Footing or any Chimney Breasts, Jambs, or Flues projecting from any Party Wall, in order to erect an External Wall against such Party Wall, or for any other Purpose, upon Condition of making good all Damage occasioned to the ailjoining Premises by such Operation...
Page 125 - Works through, across, or under any Turnpike Road, or any Street or Place laid out as or intended for a Street...

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