The Law Relating to Easements in British India

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The Law Relating to Easements in British India
Frederick Peacock
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505, 507.
( 332 ) were entered into at the same moment of time and as part and parcel of one transaction. 1 Same law in The law as laid down in the above-cited cases applies to case of will as l * of deed. Contemporaneous devises as well as to contemporaneous grants by deed. 2 Part V. — Acquisition of Easements by the operation of the doctrine of acquiescence.
The doctrine of acquiescence is an interesting feature of the law relating to the acquisition of easements. The previous portions of thi
...s chapter have been devoted to an inquiry into the acquisition of easements arising out of the express or implied language or intention of the grantor, and, independently of either of these factors, the acquisition, by operation of law, of a certain class of easements essential to the reasonable enjoy- ment of the property conveyed, but what has here to be consider- ed is the acquisition of easements arising out of the previous con- duct of the servient owner. The doctrine may be said to apply in those cases where the servient owner by active encourage- ment, passive acquiescence, or other conduct, has induced or per- mitted a belief on the part of the dominant owner, upon which he has acted, that by expending some money or doing some act, he will acquire an easement over the servient tenement.

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