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" A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way, or watercourse, or of a passage for light, air, or heat from or across the land of another. "
A Law Dictionary Containing Definitions of the Terms and Phrases of American ... - Page 82
by Henry Campbell Black - 1910 - 1314 pages
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Pacific Coast Law Journal: Containing All the Decisions of the ..., Volume 6

Law - 1881 - 1116 pages
...grantee. The following definition of an appurtenance is contained in Section 662 of the Civil Code: "A thing is deemed to be incidental or appurtenant...the land for its benefit; as in the case of a way or water course, or of a passage for light, air, or heat from or across the land of another. " In this...
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A Manual of the Law of Real Property: Including, Also, General Rules of Law ...

Charles Theodore Boone - Real property - 1883 - 566 pages
...working or developing a mine, are to be deemed affixed to the mine. 5 CK. A thlnï is deemed to bo incidental or appurtenant to land when it is by right used with the laud for its beueiit; as in the case of a way, or water-course, or of a passage for light, air, or...
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The Pacific Reporter, Volume 22

Law reports, digests, etc - 1890 - 1182 pages
...lless, 15 Cal. 195,106. Thestatutory deli riition of an appurtenance Is in harmony with the above rule. "A thing is deemed to be Incidental or appurtenant...heat from or across the land of another." Civil Code, § 6G2. And in pursuance of this definition, it wns held in Farmer v. Water Co., 56 Cal. 11, that where...
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An Act to Establish a Civil Code: Jan. 14, 1885

New York (State). - Civil law - 1885 - 422 pages
...attached to what is thus permanent, as by means of cement, plaster, nails, bolts or screws. § 237. A thing is deemed to be incidental or appurtenant...light, air or heat from or across the land of another. § 238. Every kind of property that is not real is personals — Land. OF THE STATE OF NEW YOEK. 33...
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California Decisions, Volume 55

California. Supreme Court - Law reports, digests, etc - 1918 - 912 pages
...owner of said entire tract and had such grant been made. The code defines an appurtenance as follows: "A thing is deemed to be incidental or appurtenant...air, or heat from or across the land of another." (Civ. Code, sec. 662.) The uncontradicted evidence in this case discloses that the plaintiff's rights...
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The Pacific Reporter, Volume 22

Law reports, digests, etc - 1890 - 1268 pages
...Hess, 15 Cal. 195,196. The statutory definition of an appurtenance Is in harmony with the above rule. "A thing is deemed to be Incidental or appurtenant...right used with the land for its benefit, as in the c.'i.se of a way, or water-course, or of a passage for light, air, or heat from or across the lamí...
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Law of Real Property: Being a Complete Compendium of Real Estate ..., Volume 1

Emerson E. Ballard, Tilghman Ethan Ballard - Real property - 1892 - 832 pages
..."mines" are deemed to be "affixed" to the land and pass therewith. Id. sees. 600 and 661 ; and that ' 'a thing is deemed to be incidental or appurtenant...light, air or heat from or across the land of another." Id. sec. 662. In Georgia, the statute is as follows: "Realty, or real estate, includes a!l lands and...
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A Treatise on the Law of Water Rights as the Same is Formulated and Applied ...

John Norton Pomeroy - Irrigation laws - 1893 - 640 pages
...Finally, the attention of the court having been directed to the statutory provision in that state that "a thing is deemed to be incidental or appurtenant...for light, air, or heat from or across the land of another,"2 it was held that where a land-owner appropriated water, and brought it on his land, and...
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A Treatise on the Law of Irrigation: Including the Law of Water-rights and ...

Clesson Selwyne Kinney - Irrigation - 1894 - 854 pages
...the Court held that under Section 662 of the Civil Code defining an appurtenance and providing that a " thing is deemed to be incidental or appurtenant to land when it is by right used with the land, etc.," the phrase " by right used with the land " does not refer to the owner's title to the incident,...
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The Mine, Quarry and Metallurgical Record of the United States, Canada and ...

Mine and Quarry News Bureau - Mineral industries - 1897 - 710 pages
...other machinery or tools used in making or developing a mine are to be deemed affixed to the mine. a watercourse, or of a passage for light, air or heat from or across the land of another. Every kind...
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