This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 Excerpt: ...the line (('). So a right of huilding upon the surface would in general carry the accessory right of excavating the necessary foundations and disposing of the material excavated (J). Obligation of There is no implied ohligation upon the servient owner owner. to repair for the henefit of the dominant owner, or to do ...
Read More
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 Excerpt: ...the line (('). So a right of huilding upon the surface would in general carry the accessory right of excavating the necessary foundations and disposing of the material excavated (J). Obligation of There is no implied ohligation upon the servient owner owner. to repair for the henefit of the dominant owner, or to do anything beyond suffering the easement. "The additional ohligation to repair could only he imposed upon the owner of the servient tenement hy an express stipulation to that effect in the instrument creating the easement; or hy some prescriptive right to the repair as well as to the easement." Nor, in general, are repairs done by the servient owner upon his own property any evidence of ohligation on him to repair; as they must be presumed to he done for his own convenience, and not in consequence of any obligation (k).--The servient owner can do nothing upon his tenement that obstructs the right of the dominant owner to repair. Thus in the case of an easement of water supply through pipes the owner of the land was restrained from building over the pipes in such a manner as would prevent access for cleaning and repairing them (/). But the dominant owner is only entitled to such access as is reasonably necessary to repair the work, and not to any particular mode of access in one direction rather than another (m). (h) Pom/ret v. Bin-oft, 1 Wins. ( ) Stockport Highway Board v. Saund. 321; Lord Blackburn, Smith Grant, 51 L. J. Q. B. 367; anU, v. Archibald, L. R. 6 Ap. Ca. 512. p. 211. (i) Clarence By. Co. v. Great I) Goodhart v. Hyett, L. R. 25 Northern Hy. Co.', 13 M. & W. 706. C. D. 182; 53 L. J.C. 219. (J) Robinson v. Milne, 53 L. J. (m) Birkenhcadv. London $ JV." W. C. 1070. By., L. R. 15 Q. B. D. 672; 65 L. J. Q. B. 48. ...
Read Less