An inquiry into the rule of law which creates a right to an incorporeal hereditament: by an adverse enjoyment of twenty years. With remarks, on the application of the rule to light, and in certain cases to a water privilege

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Hilliard, Gray, Little and Wilkins, 1827 - Adverse possession - 117 pages
 

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Page 36 - Afterwards a rule to shew cause why there should not be a new trial was...
Page 70 - Presumptions of this nature are adopted from the general infirmity of human nature, the difficulty of preserving muniments of title, and the public policy of supporting long and uninterrupted possessions. They are founded upon the consideration that the facts are such as could not, according to the ordinary course of human affairs, occur, unless there was a transmutation of title to, or an admission of an existing adverse title in, the party in possession.
Page 70 - ... such as could not, according to the ordinary course of human affairs occur, unless there was a transmutation of title to, or an admission of an existing adverse title in, the party in possession. They may, therefore, be encountered and rebutted by contrary presumptions ; and can never fairly arise where all the circumstances are perfectly consistent with the non-existence of a grant...
Page 53 - ... during all that time they permitted the public at large to have the free use of this way, without any impediment whatever; and therefore it is now too late to assert the right: for this is quite a sufficient time for presuming a dereliction of the way to the public. In a great case, which was much contested, six years was held sufficient.
Page 33 - I take it, that twenty years' exclusive enjoyment of the water, in any particular manner, affords a conclusive presumption of right in the party so enjoying it, derived from grant or act of parliament.
Page 58 - When lapse of time is said to afford such a presumption, the inference is also drawn from accompanying facts ; and here, where there is no direct evidence whether or not the owner of the land...
Page 42 - No doubt, but that adverse enjoyment of a right of way for twenty years unexplained is evidence sufficient for the jury to found a presumption that it was a legal enjoyment," and such, in effect, was the opinion of the learned Judge in his direction to them.
Page 37 - The enjoyment of lights with the defendants' acquiescence for twenty years is such decisive presumption of a right by grant or otherwise that, unless contradicted or explained, the jury ought to believe it; but it is impossible that length of time can be said to be an absolute bar, like a Statute of Limitations ; it is certainly a presumptive bar which ought to go to a jury.
Page 51 - ... party capable of making the grant ; and that cannot be presumed against him, unless there were some probable means of his knowing what was done against him...
Page 91 - When a mill has been erected upon a stream for a long period of time, it gives to the owner a right that the water shall continue to flow to and from the mill, in the manner in which it has been accustomed to flow during all that time.

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