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" No easement exists so long as there is a unity of ownership, because the owner of the whole may, at any time, rearrange the qualities of the several parts. But the moment a severance occurs, by the sale of a part, the right of the owner to redistribute... "
Howard's Practice Reports in the Supreme Court and Court of Appeals of the ... - Page 85
by Nathan Howard (Jr.), Rowland M. Stover - 1880
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 233

Illinois. Supreme Court - Law reports, digests, etc - 1908 - 726 pages
...the sale of a part, the right of the owner to re-distribute the properties of the respective portions ceases, and easements or servitudes are created, corresponding...for the benefit of purchasers only, but is entirely reciproca1. Hence if, instead of a benefit conferred, a burden has been imposed upon the portion sold,...
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Reports of Cases Argued and Determined in the Court of Chancery ..., Volume 2

Mercer Beasley - Equity - 1863 - 610 pages
...the sale of a part, the right of the owner to redistribute the properties of the respective portions ceases, and easements or servitudes are created corresponding to the benefits and burthens mutually existing ^ at the time of the sale." Seymour v. Lewis. The principle thus clearly...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 21

New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1867 - 644 pages
...the sale of a part, the right of the owner to redistribute the properties of the respective portions ceases ; and easements or servitudes are created,...purchasers only, but is entirely reciprocal. Hence, if, insteiid of a benefit conferred, a burden has been imposed upon the portion sold, the purchaser, provided...
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Reports of Cases Argued and Determined in the Court of Chancery ..., Volume 3

New Jersey. Court of Chancery - Equity - 1868 - 636 pages
..."easements or servitudes are created corresponding to the benefits and burthens mutually existing ;it the time of the sale. This is not a rule for the benefit...only, but is entirely reciprocal. Hence if, instead "fa benefit conferred, a burthen has been imposed upon the portion sold, the purchaser, provided the...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volume 38

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1876 - 762 pages
...appear at the time of sale to belong to it as between it and the property which the vendor retains. This is not a rule for the benefit of purchasers only, but is entirely reciprocal. If, instead of a benefit conferred, a burden has been imposed upon the portion sold, the purchaser,...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 30

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1907 - 548 pages
...the sale of a part, the right of the owner, to redistribute the properties of the respective portions ceases, and easements or servitudes are created, corresponding...not a rule for the benefit of purchasers only, but it is entirely reciprocal. Hence, if, instead of a benefit conferred, a burden has been imposed upon...
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The New Hampshire Reports, Volume 61

New Hampshire. Supreme Court - Law reports, digests, etc - 1887 - 702 pages
...the sale of a part, the right of the owner to redistribute the properties of the respective portions ceases, and easements or servitudes are created corresponding...portion sold, the purchaser, provided the marks of the burden are open and visible, takes the property with the servitude upon it. The parties are presumed...
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The South Western Reporter, Volume 198

Law reports, digests, etc - 1918 - 1336 pages
...part, the right of the owner to redistribute the properties of the respective portions ceases; » » » corresponding to the benefits and burdens mutually existing at the time of the sale." See, also, numerous authorities on this point cited in appellant's brief. Therefore, when Cherry sold...
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The American and English Encyclopedia of Law, Volume 6

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - Law - 1888 - 1002 pages
...the sale of a part, the right of the owner to redistribute the properties of the respective portions ceases ; and easements or servitudes are created,...portion sold, the purchaser, provided the marks of the burden are open and visible, takes the property with the servitude upon it. The parties are presumed...
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The American and English Encyclopedia of Law, Volume 6

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - Law - 1888 - 1010 pages
...right of the owner to redistribule the properties of the respective portions ceases ; and casements or servitudes are created, corresponding to the benefits and burdens mutually existing at the lime of the sale. This is not a rule for the benefit of purchasers only, but is entirely reciprocal....
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