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CHAPTER VI.
GAME AND WILD ANIMALS.
Property in game and wild animals-trespass in pursuit of game
Game laws-penalties on trespasser-on occupier-game defined—
noxious animals-tame animals
PAGE
73
warren-
Right to game as separate property-contracts relating to taking
game-Ground Game Act-licence to sport
Construction of grants and leases as to the game-inclosure awards
Rating of game as a separate tenement
Forests-forest law-charter of the forest-chase-park-war
grant of manor with warren
CHAPTER VII.
HOUSES AND BUILDINGS.
Property in land-includes houses and buildings-house includes
land on which it is built-appurtenants-Lands Clauses Act
Partition of house into separate tenements-relative rights of part
owners
Liability of tenant for waste and repair of houses and buildings-
permissive waste-charge of repair-incumbent of benefice-
tenant without impeachment of waste
Waste in houses and buildings-new buildings-reasonable use-
superior force-accidental fire-suspension of rent
Covenant of lessee to repair-exceptions of fire and other accidents--
implied contract for tenant-like use-liability of landlord to
repair-implied warranty of demised premises-covenant of
lessor to repair-insurance against fire
Repairs and improvements of settled estates-jurisdiction of Court-
Settled Land Act
CHAPTER VIII.
FIXTURES.
Fixtures defined-fixtures pass with the land-to purchaser-to
lessee for life or years-to mortgagee
Fixtures upon land of another
What things are fixtures-fixtures for use of land--buildings and
constructions upon land-fixtures for trade or business—
machinery-fixtures for domestic use-furniture-accessories
to fixtures-movable buildings and constructions
Tenant's fixtures-tenant in fee simple-tenant of limited estate-
trade fixtures-domestic fixtures-ornamental fixtures and fur-
niture-agricultural fixtures-Agricultural Holdings Act—right
of removal during tenancy
103
107
108
112
Covenants for removal of fixtures-covenants to leave fixtures
Fixtures as subject of action-of execution-of distress for rent-in
bankruptcy of tenant-disclaimer of lease by trustee
Fixtures assigned separately from the tenement-Statute of Frauds-
Bills of Sale Acts
117
119
121
CHAPTER IX.
TITLE DEEDS; HEIRLOOMS.
Property in title deeds-freehold-leasehold-mortgages-deed box
-larceny of deeds
Right of purchaser to deeds-lessee-mortgagee
Custody of deeds-as between tenant for life and reversioner—
trustee and cestui que trust-control of custody by Court--
concurrent interests in same deeds-sale of land in lots
Production of deeds for inspection-privilege of mortgagee-cove-
nant for production-production under Conveyancing Act, 1881
Separate property in deeds-deposit of deeds as security-lien of
solicitor-adverse possession of deeds
Heirlooms-chattels settled as heirlooms-sale of heirlooms-Settled
Land Act.
124
125
127
130
133
136
CHAPTER X.
INLAND WATER.
SECTION 1.-STANDING WATER.
Property in standing water-riparian ownership
Water percolating below the surface-right of draining off water-
draining water from streams-draining mines-subsidence from
draining-pollution of percolating water.
Water artificially collected-liability for escape of water-escape by
accident or superior force-water collected in houses
Extraordinary floods
Property in natural streams-remedies of riparian owner-streams
below the surface
139
140
143
146
SECTION 2.-RUNNING Water.
Rights acquired in excess of riparian rights-rights acquired by
Property in bed of stream-change of bed-encroachment on bed
Public navigable river-riparian rights upon navigable river—
obstructions to navigation-change of course-private navig-
able river-towing path
The sovereignty of the sea-Admiralty jurisdiction-The Territorial
Waters Act-civil jurisdiction of the Admiralty
Arm of sea-tidal rivers-right of navigation.
Property of Crown in sea shore-grants of sea shore-limits of sea
shore-jurisdiction over sea shore-public rights over sea shore 163
Prerogative rights and duties-protection of sea shores-commis-
sioners of sewers-sea walls
Ports-prerogative of Crown-statutory authority-port dues
Wreck of the sea-prerogative of Crown-franchise of wreck-Re-
ceivers of Wreck
167
169
172
CHAPTER XII.
INLAND AND SEA FISHERIES.
Fishery in inland waters-inland non-tidal rivers
174
Fishery in land of another several fishery-free fishery and
common of fishery-qualified fishery
175
Fishery in the open sea-Sea Fisheries Acts
Fishery in arms of the sea and tidal waters-Crown grants of
177
SECTION I. EASEMENTS IN GENERAL.
Easements appurtenant to land-dominant and servient tenement—
easement in gross
185
189
203
262
305
313
Conditions of appurtenancy
190
Positive and negative easements
192
Licence to use land-revocation of licence-notice of revocation-
licence not assignable
194
Easements admissible in law-specific casements-particular ease-
ments-claims not admitted as easements-covenants concerning
use of land
Licence coupled with grant-parol grant-grants irrevocable-and
assignable
§ 1. Ways.—§ 2. Light.—§3. Air.— § 4. Water.—§ 5. Support.—§ 6. Fences.
Limitation of ways by grant-construction of grant as to purposes
204
205
206
207
208
210
§ 2. LIGHTS.
Easement of light arising by prescription-by grant-is acquired
only for houses and buildings
Limits of easement-obstruction-building to angle of forty-five
degrees-town and country buildings
Use of light in dominant tenement-unoccupied tenement- -conver-
sion of tenement to new use
Alteration of ancient lights-enlarging ancient lights-additional
light from different direction
211
213
215
216
§ 3. AIR.
Distinction of air and light as subject of easement.
Easement cannot be claimed for passage of air
Nuisance of pollution of air-nuisance of noise-noxious trades-
nuisance of railway-remedy of reversioner
Easement of diffusing noxious vapours and noises
§ 4. WATER.
218
219
220
224
Rights of riparian owner in natural stream
225
Easement of diverting stream through artificial watercourse-limits
of easement-use of the water-maintenance and repair of
water-course-liability for non-repair
226
Easement of discharging water or other matters-liability for nui-
sance-exception of natural use of land
229
Limits of easement-discharge in excess-maintenance and repair
of watercourse-alteration of discharge
231
Artificial stream-riparian owners upon artificial streams-perma-
nent artificial streams
Easement of discharging rain-water from eaves of house
232
234
§ 5. SUPPORT.
Easement of support of surface by subjacent land-presumption of
easement upon severance of surface.
Grant of easement of support-construction of grants and reserva-
tions of minerals-mining leases-minerals under railways
Extent of easement-substitution of artificial support
Support by adjacent tenement-implied upon severance of tene-
ments-extent of easement-artificial support
Support of building by subjacent and adjacent land-by grant-by
prescription-extent of support-injury by disturbance of sup-
port of building
Support of building by adjoining building-implied grant-pre-
scription-repair of servient building-injury from adjoining
building
Support of upper story of house-repair of roof
Right to have fence maintained upon adjoining land-grant-pre-
scription
SECTION III. CREATION OF EASEMENTS.
§ 1. Grant.-§ 2. Prescription.
§ 1. GRANT.
266
Easements created by grant or prescription-grant by deed-parol
grant-Statute of Frauds-exception or reservation of ease-
ments-easements taken under Lands Clauses Act
Implied grant of necessary easements-way of necessity
Implied grant of apparent and continuous easements-no easement
implied in derogation of grant-easements implied upon simul-
taneous grant of two tenements
Grant of tenement with appurtenants"-grant of easements
"used and enjoyed" with tenement-construction of grants-
easements revived after unity of possession-Conveyancing Act,
1881
Implied grant of rights accessory to easements-right of main-
tenance and repair-obligation of servient owner
§ 2. PRESCRIPTION.
269
275
279
281
Prescription-distinction of easements by prescription and grant
Prescription at common law-time immemorial-non-existing grant 282
The Prescription Act-prescription for ways, watercourses, and
other easements-prescription for lights
.
Enjoyment required for prescription-enjoyment as of right-in
right of fee of dominant tenement against fee of servient tene-
ment during unity of possession-enjoyment of light as of
right
Secret enjoyment
Enjoyment by licence or agreement--by sufferance
Continuous enjoyment-voluntary discontinuance-impossibility of
285
287
Disabilities of servient owner-suspension of computation-inter-
ruption during disabilities-exclusion of tenancy for life or
years
302
SECTION IV. EXTINCTION OF EASEMENTS.
Interruption of enjoyment--submission of dominant owner
Presumption from enjoyment short of prescribed period
Release presumption from disuse .
Abandonment-ways-lights-water easements
Extinction of easement by unity of title of dominant and servient
tenements-suspension of easement during particular estate-
unity of legal title only
SECTION V. REMEDIES FOR EASEMENTS.
Action for damages-nominal damage-disturbance of easement-
compensation under Lands Clauses Act
Action by reversioner-repeated actions for continuance of dis-
turbance
Injunction-statutory and equitable jurisdiction-principles of
granting injunction-mandatory injunction to remove nuisance
-delay or acquiescence-interlocutory injunction
Injunction against obstructing lights
Abatement of nuisance to easement-abatement of nuisance to
servient tenement-exercise of easement in excess-notice to
abate nuisance-unnecessary damage