The Law Times Reports Volume 55; Containing All the Cases Argued and Determined in the House of Lords, [Etc.] Together with a Selection of Cases of Universal Application Decided in the Superior Courts in Ireland and in Scotland (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 Excerpt: ...to the landlords as owners of the adjoining land only, and when we find in one clause the proviso in question, that nothing in the demise shall prevent the lessor from doing certain things with regard to the "land or ground hereby demised," and in the next clause find it laid down that the damage to the lands of the lessors "other than those hereby demised," shall be estimated by arbitration, I think a distinction is intended to be drawn between the ownership of the adjoining land and the ownership of the reversion of the land demised, and that the proper construction of the proviso in question is, that it is a re-grant to those who made the demise as owners of the reversion upon which this canal is. It is very true that as such owners they could not use the rights granted to them by the proviso when they parted, if they did part, with the adjoining land. Such a state of things was not contemplated at the time when the lease was granted. The lessors were owners of large adjoining property. The owners of this reversion might enjoy the privilege granted to them unless they parted with the adjoining land, and even when they had parted with it they might make the privilege couferred by the regrant available by granting liberty to the owners of the lands which adjoin the canal, to use the privilege which, in my opinion, was re-granted to the lessors as owners of the reversion, and not as owners of the adjoining land. There is undoubtedly a difficulty in this clause--what was reserved with regard to water? I cannot say that the lease is very carefully framed, because the lessors obtain a re-grant of their rights as regards the water contained in the parcels which I have already referred to. As regards the water, of course the difficulty is to ...