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Party Walls - Replacement And Removal, Charles W. Allen
Party Walls - Replacement And Removal, Charles W. Allen
Michigan Law Review
The usual American theory of the rights of adjoining land owners in a party wall is that each owns in severalty that part of the wall on his land and each has an easement of support in that part on the land of the other. If the structure is erected under an express contract, the rights of the parties are determined by the terms of their contract. And when the easement of support is created by prescription, its scope is measured by the prior user, and no right to remove or replace the wall can exist by virtue of the …
Easements - Right To Lay Additional Pipes, Michigan Law Review
Easements - Right To Lay Additional Pipes, Michigan Law Review
Michigan Law Review
Defendants had granted to the city of Lynchburg an easement to "lay, construct, operate, inspect, repair and perpetually maintain water or conduit lines with all the necessary fixtures and appurtenances . . . " Pursuant to this grant, the city had laid down a conduit of redwood staves which has now decayed. In this action, the city seeks to enjoin the defendants from interference with the laying down of a new cast-iron conduit which would require the utilization of an additional six feet of land. Held, that the parties had defined their rights under an indefinite grant, and the …