A Treatise On the Law of Easements
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2 B. & C. 686 ; 2 Car. & P. 465 ; 5 lb. 438. Now what is the acquiescence which concludes the owner ? No one has trespassed upon his his land, or done him a legal injury of any kind. He has submitted to nothing but the exercise of a lawful right on LIGHT, 205 the part of his neighbor. How then has he forfeited the beneficial interest in his property ? He has neglected to in- cur the expense of building a wall twenty or fifty feet high, as the case may be — not for his own benefit, but for the s...ole purpose of annoying his neighbor. That was his only remedy.
A wanton act of this kind, although done on one's own land, is calculated to render a maji odious. Indeed, an attempt has been made to sustain an action for erecting such a wall. Ma- han V. Brown, 13 Wend. 261. There is, I think, no princi- ple upon which the modern English doctrine on the subject of lights can be supported. It is an anomaly in the law. It may do well enough in England; and I see that it has recently been sanctioned with some qualification by an act of parlia- ment.
What to read after A Treatise On the Law of Easements?
You can find similar books in the "Read Also" column, or choose other free books by Bennett, Edmund Hatch, 1824-1898 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
2 B. & C. 686 ; 2 Car. & P. 465 ; 5 lb. 438. Now what is the acquiescence which concludes the owner ? No one has trespassed upon his his land, or done him a legal injury of any kind. He has submitted to nothing but the exercise of a lawful right on LIGHT, 205 the part of his neighbor. How then has he forfeited the beneficial interest in his property ? He has neglected to in- cur the expense of building a wall twenty or fifty feet high, as the case may be — not for his own benefit, but for the s...ole purpose of annoying his neighbor. That was his only remedy.
A wanton act of this kind, although done on one's own land, is calculated to render a maji odious. Indeed, an attempt has been made to sustain an action for erecting such a wall. Ma- han V. Brown, 13 Wend. 261. There is, I think, no princi- ple upon which the modern English doctrine on the subject of lights can be supported. It is an anomaly in the law. It may do well enough in England; and I see that it has recently been sanctioned with some qualification by an act of parlia- ment.
What to read after A Treatise On the Law of Easements?
You can find similar books in the "Read Also" column, or choose other free books by Bennett, Edmund Hatch, 1824-1898 to read onlineMoreLess
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