Attributed in Year Book 26 Hen 8 TT, p 4 c 15 ( ed 1679 ) to Fitzherbert J : " for one can create common appurtenant at this day, and one can alienate it, and sever it from the land to which it is appurtenant . . . " The author comments, at p 273, that " the passage . . . must be understood as applying only to common appurtenant for a certain number ".
42.
Attributed in Year Book 26 Hen 8 TT, p 4 c 15 ( ed 1679 ) to Fitzherbert J : " for one can create common appurtenant at this day, and one can alienate it, and sever it from the land to which it is appurtenant . . . " The author comments, at p 273, that " the passage . . . must be understood as applying only to common appurtenant for a certain number ".
43.
On completion of the rehabilitation works by raising the height of the dam and related appurtenant works and the improvements of the canal system the volume of available water would be increased from 300 million cubic meters to 484 million cubic meters, which would facilitate irrigation to command areas in the districts of Shah Wali Kot, Arghandab, Zheri, Panjwai, Maiwand, Dand and Daman and also help in planning and building a 10 MW capacity hydropower station to generate electricity.
44.
Location and general description of property . The carrier owns and operates a passenger station and appurtenant facilities, including 6.617 miles of all tracks, of which 1.066 miles represented first main track, all situated at Chattanooga, Tenn . It also owns, but does not use, 0.972 mile of yard tracks and sidings which it leases to the Central of Georgia Railway Company, and uses but does not own, 1.243 miles of yard tracks and sidings which it leases from the same company.
45.
The property owned by the Jacksonville Terminal Company, hereinafter called the carrier, consists of a union passenger depot, engine terminal, passenger and freight yards, and facilities appurtenant thereto, located in the city of Jacksonville, Fla . The mileage consists of 1.701 miles of first main, 1.463 miles of second main, 1.313 miles of third main, 1.675 miles of fourth main, and 34.575 miles of yard tracks and sidings, aggregating 40.727 miles of all tracks owned and used.
46.
Contracts between the United States and individual water users on the North Platte, we pointed out, had been made and were maintained in compliance with s8 of the Reclamation Act of 1902, 32 Stat . 388, 43 U . S . C . ss372, 383, which provided that " ` the right to the use of water acquired under the provisions of this Act shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure, and the limit of the right . "'325 U . S ., at 613.
47.
While Brachtenbach stated the general rule that an easement appurtenant to one parcel of land may not be extended by the owner of the dominant estate to an additional non-dominant parcel owned by the owner of the dominant estate regardless of whether the additional parcel is adjacent to the dominant estate, and further declared that if an easement appurtenant serves a particular parcel of land, any extension of the easement is a misuse of the easement Brachtenbach still ultimately allowed the owner of the dominant estate to continue using the easement to access the additional, non-dominant estate because a grant of injunctive relief would be inappropriate in light of the circumstances.
48.
While Brachtenbach stated the general rule that an easement appurtenant to one parcel of land may not be extended by the owner of the dominant estate to an additional non-dominant parcel owned by the owner of the dominant estate regardless of whether the additional parcel is adjacent to the dominant estate, and further declared that if an easement appurtenant serves a particular parcel of land, any extension of the easement is a misuse of the easement Brachtenbach still ultimately allowed the owner of the dominant estate to continue using the easement to access the additional, non-dominant estate because a grant of injunctive relief would be inappropriate in light of the circumstances.
49.
The dwelling house on the first floor contains two parlors, besides large library, and an office, with eleven chambers above stairs, and in the buildings appurtenant to it, besides an ample kitchen, laundry, and housekeeper's room, a dairy, bath-house, smoke house, ample accommodations for servants, ice house, the houses of farm servants, blacksmith's shop, a kiln of brick for burning lime, with ample barns, stabling, and other houses for stock and farm purposes, orchards of choice fruit, ornamental grounds and walks-- the whole in good order and well preserved by its late proprietor.
50.
In the meantime, the Narmada Control Authority ( NCA ), an inter-State Administrative Authority and the Sardar Sarovar Construction Advisory Committee ( SSCAC ) were set up in 1980 by the Govt . of India in compliance of the NWDT award; the former organisation was set up in December 1980 as body corporate with representatives from the four party states and India, as a machinery to implement the decisions and directions of the NWDT and the later organisation was set up in Sept . 1980 as a statutory body to ensure efficient, economical and timely execution of the Unit I ( dam and appurtenant works ) and Unit III ( hydropower works ) of the Sardar Sarovar Project ( SSP ).
