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A History of Water Rights at Common Law$
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Joshua Getzler

Print publication date: 2006

Print ISBN-13: 9780199207602

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199207602.001.0001

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Servitude Doctrine in Early Law

Servitude Doctrine in Early Law

(p.46) 2 Servitude Doctrine in Early Law
A History of Water Rights at Common Law


Oxford University Press

Water rights in England developed first through the application of title and nuisance actions to land-use disputes, and then by the adaptation of Roman law doctrine as lawyers categorized the results of such litigation. This chapter analyses the medieval law of proprietary incidents emerging from these two juristic sources.

Keywords:   water rights, England, Roman law, medieval law, common law, water use, nuisance actions

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