A Digest of the Law of Easements (Classic Reprint)
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| Hersteller: | Forgotten Books (Innes, L. C.) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from A Digest of the Law of Easements Rights usually styled Rights ex jure naturoe are also treated of, though they are not easements for a similar reason. There is much in the English law that might be adopted without mischief or difficulty in India; as the law relating to Rights of Way, Support of Land or Buildings, Air and Light. In regard to Rights of Water (with exception of such rights as are styled Rights ex jure naturoe, or as I prefer to call them, "Rights arising from situation independent of a right of Easement"), I certainly trust the Legislature will not think of adopting the English model. Rights ex jure naturoe are simple and natural, and are incompatible with an excessive or unfair use of the object. But Easements in water are of a highly artificial and complex character, and in a country the welfare of which is, in many provinces, so dependent upon a fair and even distribution of water, are liable to result, I fear, in great injury to whole communities. The evidence of a few false witnesses in a Court of first instance may often become the basis of a decision as to individual rights which the appellate Court may not be in a position to reverse; and the level of the water hitherto flowing to many a village may thus become so lowered as to deprive largo tracts of land of the accustomed overflow, to the ruin of the landholders who are dependent upon it for their livelihood. The irrigation officers in the Madras Presidency are well aware of the mischievous effects arising from the establishment of these rights, hut are powerless in the face of the decisions of the Courts of Law, and must recognize and tolerate them however great may be their inconvenience. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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