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" The principle is, that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold with all the benefits and burdens which appear at the time of the sale to belong... "
California Legal Record - Страница 361
1878
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Virginia Reports: Jefferson--33 Grattan, 1730-1880, Томове 1–2

1901 - 758 страници
...sells one of them, the purchaser of the tenement sold takes it with all the benefits and burdens which appear at the time of sale to belong to it, as between it and the property which the vendor retains. The parties are presumed to contract in reference to the condition of the property at the time of the...

The New York Supplement, Том 68

1901 - 1256 страници
...and burdens which appear, at the time of the sale, to (iS NYS— 48 and 102 Now York State Reporter belong to it, as between it and the property which the vendor retains. This is one of the recognized modes by which an easement or servitude is created. Xo easement exists...

The American State Reports: Containing the Cases of General Value ..., Том 86

1902 - 1030 страници
...takes the tenement or portion sold, with all the benefit* and burdens which appear, at the time of the sale, to belong to it, as between it and the property which the vendor retains.' " But this principle, as there announced, was afterward declared to be a dictum, was limited to the...

Contract and Statutory Liens in California and Their Enforcement ...

Charles Marcellus Bufford - 1903 - 1126 страници
...tenement or portion sold with all the benefits and burdens that appear at the time of sale to belong to it and the property which the vendor retains No easement...quality of the several servitudes; but upon severance by the sale of a part, the right cf the owner to redistribute ceases, and easements or servitudes are...

Reports of Cases Determined in the Supreme Court of the State of ..., Том 75

California. Supreme Court - 1906 - 752 страници
...21 NY 505, as follows " ''The rule of the common law on this subject is well settled. The princi pie is, that where the owner of two tenements sells one...quality of the several servitudes; but upon severance by the sale of a part, the right of the owner to redistribute ceases, and easements or servitudes are...

The American State Reports: Containing the Cases of General Value ..., Том 111

Abraham Clark Freeman - 1907 - 1142 страници
...takes the tract or portion Bold, with all the benefits and burdens which appear at the time of the sale to belong to it, as between it and the property which the vendor retains, (p. 534.) EASEMENTS by Parol.—A parol grant of an easement upon a valid consideration, certain in...

The American State Reports: Containing the Cases of General Value ..., Том 111

Abraham Clark Freeman - 1907 - 1148 страници
...takes the tract >r portion sold, with all the benefits and burdens which appear at the time of the Bale to belong to it, as between it and the property which the vendor retains, (p. 534.) _ EASEMENTS by ParoL — A parol grant of an easement upon * valid consideration, certain...

Reports of Cases at Law and in Equity Determined by the Supreme ..., Том 136

Iowa. Supreme Court - 1908 - 1030 страници
...takes the tenement or portion sold, with all the benefits and burdens which appear at the time of the sale, to belong to it, as between it and the property which the vendor retains. This is one of the recognized modes by which an easement or servitude is created. JSTo easement exists...

Reports of Civil and Criminal Cases Decided by the ..., Том 1; Том 108

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1908 - 900 страници
...which an easement or servitude is created. No easement exists so long as there is a unity of ownership, because the owner of the whole may at any time rearrange the qualities of the several parts. But the moment a severance occurs, by the sale of a part, the right...

The American State Reports: Containing the Cases of General Value ..., Том 122

Abraham Clark Freeman - 1908 - 1198 страници
...which an easement or servitude is created. No easement exists so long as there is a unity of ownership, because the owner of the whole may at any time rearrange the qualities of the several parts. But the moment a severance occurs by the sale of a part, the right...




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