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Updated: June 16, 2025
What individual help did feebly for the sufferer then, the laws do for us now, without fear or favour: which is a much greater thing to say than that the organisation of modern life, the mechanical helps, the comforts, the easements of the modern world, had no existence in those days.
"And thus," adds Godefroi, "rights may belong to inanimate things." /1/ It easily followed from all this that a sale of the dominant estate carried existing easements, not because the buyer succeeded to the place of the seller, but because land is bound to land. /2/ All these figures import that land is capable of having rights, as Austin recognizes.
A Treatise on the American Law of Easements and Servitudes. By EMORY WASHBURN, LL.D. Philadelphia: George W. Childs. pp. 640. "Easements" is no easy subject for a law-writer.
Croke gives the reason thus: "For a covenant which runs and rests with the land lies for or against the assignee at the common law, quia transit terra cum onere, although the assignees be not named in the covenant." /1/ This is the reason which governed easements, and the very phrase which was used to account for all possessors being bound by a covenant binding a parcel of land to warranty.
Learn of any easements, such as the right of a telephone company to place its poles upon your lot. If you make a purchase offer with a cash deposit, include a statement as to whether window shades, stoves, and other movable property are included. Risk from loss by fire or elements should be assumed by the owner until the title passes to you.
Then there rose in the land high knightly play from many a doughty champion; one saw a great rout of them whose youthful hearts beat high, and many a dapper knight and a good stood armed with shield. At the easements sate the high-born dames and many comely maids, decked out in brave attire. They watched the pastimes of the many valiant men. The host himself gan tilt there with his friends.
Furthermore, this statement, as Lord Coke meant it, is perfectly consistent with the other and more important distinction between warranties and rights in the nature of easements or covenants creating such rights. Later writers, however, have wholly forgotten the distinction in question, and accordingly it has failed to settle the disputed line between conflicting principles.
Rogron deduced the negative nature of servitudes from the rule that the land owes the services, not the person, Proedium non persona servit. For, said Rogron, the land alone being bound, it can only be bound passively. Austin called this an "absurd remark." /1/ But the jurists from whom we have inherited our law of easements were contented with no better reasoning.
"If the mayors kept their roads in better order, there would not be so many footpaths. And if the members of Municipal Councils knew a little better, they would uphold the small landowner and the mayor when the two combine to oppose the establishment of unfair easements.
Thus, if a man owns lot A and lot B, and he used a way from lot A, over lot B, to a mill, or to a river; and if he sells lot A with all ways and easements, the grantee will have the same privilege of passing over lot B as the grantor had. A right of way may arise from necessity.
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