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单词 servitude of support
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servitude of support
b. Law. Sufficient strength in land or structures to prevent damage to adjoining property, as the adjoining landowner's natural right or by way of an easement. Also: spec. (Scots Law and U.S. Law) the resting of the whole or part of a building or of a beam on the property of the servient tenement; often in servitude of support.
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society > law > legal obligation > [noun] > obligation on owner to allow use by others > specific
support1681
water drop1818
1681 J. Dalrymple Inst. Law Scotl. i. xvii. 341 The prime positive Servitude of City-tenements is, the Servitude of support, whereby the servient Tenement is lyable to bear any burden for the use of the dominant.
1720 A. Bruce Decisions Lords of Council & Session 1714–15 146 All with us goes under the Name of the Servitude of Support which may be either of a Wall, Joist, or Dormant.
1754 J. Erskine Princ. Law Scotl. I. ii. ix. 208 The owner of the servient tenement is not obliged, in a servitude of support, to repair it, unless [etc.].
1825 Civil Code Louisiana ii. iv. 194 The right of support is one by which a proprietor stipulates that his neighbour shall be bound to permit that his house or his timbers should rest on the wall of his neighbour.
1838 W. Bell Dict. Law Scotl. at Servitudes An urban servitude is in some way connected with houses: to this class belong support, oneris ferendi, tigni immittendi, stillicide.., light, prospect.
1839 C. J. Gale & T. D. Whatley Treat. Law Easements (1840) vi. 157 ‘It did not appear whether the two houses had been erected at the same time, and whether the freehold in both had originally belonged to the same person;’ Lord Tenterden seems to have inclined to the opinion, that, had such a union existed, an easement of support would have arisen upon their severance.
1863 Univ. of Pennsylvania Law Rev. 449 450 When two proprietors build houses each on his own land, but under the same common roof, and with a common support, each has a servitude of support against the other.
1891 Central Law Jrnl. 33 302/2 From a very early period, judicial consideration has been given to the right of support to soil in Its natural state, and to artificial structures erected thereon by the soil of adjacent or subjacent lands.
1906 J. W. Whitelaw in Rep. Select Comm. Land Values Taxation (Scotl.) Bill App. No. 35. 794 In other cases the site belongs solely to the owner of the ground flat, but is subject to a right or servitude of support in favour of the owners of the supervening flats.
1927 W. M. Gloag & R. C. Henderson Introd. Law Scotl. 434–5 Urban Servitudes.—These are Support, Stillicide, and Light or Prospect.
1993 S. Thorburn in S. Thorburn & G. S. Littlejohn Underpinning & Retention (ed. 2) i. 9 Often there was no servitude of support and the use of adjacent walls for the purposes of achieving structural stability was clandestine.
2005 A. Tonnin Washington Real Estate Law 75 A landowner has the right to the natural support of the land provided by surrounding land.
extracted from supportn.
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更新时间:2024/9/21 3:20:42