WANTON:
VYHULENY_UFO:
OMNIHASH: Nepředstavitelné zdržovací žaloby bez absence státní legislativy ještě po roce 1800 v Anglii např. zde, ty případy si můžete najít na netu jednoduše:
"Given a prescriptive easement, the courts have generally done well in deciding its limits. In Kerlin v. Southern Telephone and Telegraph Co. (1941), a public utility had maintained an easement by prescription of telephone poles and wires over someone else's land (called the "servient estate" in law). The utility wished to string up two additional wires, and the servient estate challenged its right to do so. The court decided correctly that the utility had the right because there was no proposed change in the "outer limits of space utilized by the owner of the easement." On the other hand, an early English case decided that an easement for moving carts could not later be used for the purpose of driving cattle.
Unfortunately, the courts have not honored the concept of homestead in a noise or pollution easement. The classic case is Sturgis v. Bridgman (1879) in England. The plaintiff, a physician, had purchased land in 1865; on the property next to him the defendant, a pharmacist, used a mortar and pestle, which caused vibrations on the physician's property. There was no problem, however, until the physician built a consultation room 10 years later. He then sued to enjoin the pharmacist, claiming that his work constituted a nuisance. The defendant properly argued that the vibrations were going on before the construction of the consultation room, that they then did not constitute a nuisance, and that therefore he had a prescriptive right to keep operating his business. Nevertheless, defendant's claim was denied."
Law, Property Rights, and Air Pollution | Mises Institute
https://mises.org/library/law-property-rights-and-air-pollution#12