...dominant tenement is not contained in the grant. (Id.) 19. DIVISION or LANDS — QUASI .EASEMENTS. — Where the owner of two tenements sells one of them,...between it and the property which the vendor retains. (Id.) 20. IMPLIED RIGHTS or WAY — KNOWLEDGE or PARTIES. — In this state, the doctrine of implied...

...dominant tenement is not contained in the grant. [4] ID. — DIVISION OP LANDS — QUASI EASEMENTS. — Where the owner of two tenements sells one of them,...between it and the property which the vendor retains. [5] ID. — IMPLIED RIGHTS OP WAY — KNOWLEDGE OF PARTIES. — In this state, the doctrine of implied...

...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 grantor retains," has become a rule of real property in this state as forceful as the rule in regard...

...used by the owner of the entirety for the benefit of the parcel granted ; and also, all that appear to belong 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...

...purchaser takes the tenement or portions sold with all the benefits that appear at the time of. the sale to belong to it as between it and the property which the vendor retains." In the application of said principle to the case then in hand this court further stated that, "where...

...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 court, quotes approvingly the language of Denio, J., in Lampman v. Mills, 21 NY 505, as follows " 'The rule of the common law on this subject is well...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...

...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.' " It is to be remembered that when the two ranches were in one ownership the Foster ranch was occupied...

...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. . . . The parties are presumed to contract in reference to the condition of the property at the time...

...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...