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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
Пълен достъп - Информация за книгата

California Jurisprudence: A Complete Statement of the Law and ..., Том 9

1923 - 1084 страници
...chain of title.18 § 11. Severance of Dominant and Servient Estates. — It is a rule of the common law that where the owner of two tenements sells one of...it, as between it and the property which the vendor retains.14 This rule is embodied in section 1104 of the Civil Code, which provides as follows: "A transfer...

Reports of Cases Determined in the District Courts of Appeal of the ..., Том 65

California. District Courts of Appeal - 1925 - 944 страници
...tenement or portion sold with all the benefits and with all the burdens that appear at the time of the sale to belong to it as between it and the property which the vendor retains." (Jersey Farm Co. v. Atlanta Realty Co., 164 Cal. 415 [129 Pac. 594].) It will be unneeessary to consider...

California Jurisprudence: A Complete Statement of the Law and ..., Том 26

1926 - 1188 страници
...takes the tenement or portion sold with all the benefits and burdens that appear at the time of the sale to belong to it, as between it and the property which the vendor retains.7 This rule is recognized by the code, which declares that "a transfer of real property . ....

The Northeastern Reporter, Том 87

1909 - 1172 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. No easement exists...

The Northeastern Reporter, Том 152

1926 - 1078 страници
...the owner of the entirety for the benefit of the parcel granted, and also all that appear to bolong to it, as between it and the property which the vendor retains; and hence, when the owner of an entire estate makes one part of it visibly dependent for the means...

Atlantic Reporter, Том 79

1911 - 1242 страници
...a portion, the purchaser takes the tenement or portion sold 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. [Ed. Note. — For other cases, see Easements. Cent. Dig. g 43 ; Dec. Dig. § 16.*] 2. EASEMENTS (§...

The Southeastern Reporter, Том 87

1916 - 1142 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. No easement exists...

Reports of Cases Heard and Determined in the Appellate Division of ..., Том 58

New York (State). Supreme Court. Appellate Division - 1901 - 766 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...

Reports of Civil and Criminal Cases Decided by the ..., Том 3; Том 110

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1903 - 1092 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. No easement exists...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Том 221

Illinois. Supreme Court - 1906 - 714 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 re-arrange the qualities of the several parts. But the moment a severance occurs by the sale of a part, the right...




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