A Treatise On the Law of Easements in Continuation of the Author's Treatise On the Law of Real Property
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E. Rep. 1093. And see Burnham v. Nevins, 144 'Giafton V. Moir, 130 N. Y. 465, 29 Mass. 88, 10 N. E. Rep. 494, 59 Am.
N. E. Rep. 974, per Vann, J., 9 N. Y. Rep. 61.
Supp. 3, I N. Y. Supp. 4.
317 §§ 398, 399.] OBSTETJCTION OF WATS.
street to the dwelling in the rear, through a foot passage, in a closely- built and thickly settled town." ' 398. In ease it appears from the deed that the intention of the parties was that the passage-way should be in the nature of an open court or street, it cannot b...e built over. Thus, where a passage was expressly declared to be "for light and air," it was held that it could not be covered either in whole or in part.^ And so a passage- way cannot be built over where it is expressly provided that it shall not be " subject to have any fence or building erected thereon." ^ In like manner, although there be no express provision that the passage-way should be kept open to the sky, if the terms of the grant and the surrounding circumstances show that the purpose was that the passage-way should be kept open substantially as a street or court, not only for the purpose of passing and repassing, but also for purposes such as a street or court is ordinarily used for, as for light, air and prospect, the passage-way cannot be built over.'' 399.
What to read after A Treatise On the Law of Easements in Continuation of the Author's Treatise On the Law of Real Property?
You can find similar books in the "Read Also" column, or choose other free books by Jones, Leonard A. (Leonard Augustus), 1832-1909 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
E. Rep. 1093. And see Burnham v. Nevins, 144 'Giafton V. Moir, 130 N. Y. 465, 29 Mass. 88, 10 N. E. Rep. 494, 59 Am.
N. E. Rep. 974, per Vann, J., 9 N. Y. Rep. 61.
Supp. 3, I N. Y. Supp. 4.
317 §§ 398, 399.] OBSTETJCTION OF WATS.
street to the dwelling in the rear, through a foot passage, in a closely- built and thickly settled town." ' 398. In ease it appears from the deed that the intention of the parties was that the passage-way should be in the nature of an open court or street, it cannot b...e built over. Thus, where a passage was expressly declared to be "for light and air," it was held that it could not be covered either in whole or in part.^ And so a passage- way cannot be built over where it is expressly provided that it shall not be " subject to have any fence or building erected thereon." ^ In like manner, although there be no express provision that the passage-way should be kept open to the sky, if the terms of the grant and the surrounding circumstances show that the purpose was that the passage-way should be kept open substantially as a street or court, not only for the purpose of passing and repassing, but also for purposes such as a street or court is ordinarily used for, as for light, air and prospect, the passage-way cannot be built over.'' 399.
What to read after A Treatise On the Law of Easements in Continuation of the Author's Treatise On the Law of Real Property?
You can find similar books in the "Read Also" column, or choose other free books by Jones, Leonard A. (Leonard Augustus), 1832-1909 to read onlineMoreLess
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