(DOWNLOAD) "Simonson v. Mcdonald" by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: Simonson v. Mcdonald
- Author : Supreme Court of Montana
- Release Date : January 31, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
DEEDS ? EASEMENTS ? STATUTE OF FRAUD ? EMINENT DOMAIN. 1. Eastments ? Implied reservations and right-of-way. Implied reservations and grants of right-of-way easements over lands are common-law doctrines founded on necessity, and their standing in state depends on statutes thereof. 2. Frauds, Statute of ? Easement for right-of-way over land must be in writing. An easement for right of way over land is an interest in real property which must be in writing to be valid. 3. Contracts. Written contracts should be allowed to speak for themselves. 4. Deeds ? Requirement of certainty. Every conveyance should contain certainty of thing granted to full extent of grant, and enlargements or restrictions of grant in particular cases should not be left to implication. 5. Deeds ? Construction of deed against grantor. A deed should be construed most strongly against grantor, especially against implied reservations in servient estate conveyed by owner of dominant estate. 6. Eminent Domain ? Statutes preclude implied reservations availability of eminent domain. The statutes supplanting common-law rules and abolishing implied covenants, statute of frauds, condemnation statutes, and constitutional provision for opening of private roads, preclude implied reservations or grants of easements by necessity for rights of way over lands, but they may be obtained in eminent domain proceedings on proper showing of necessity.
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