This is a question which is con-rantly arising in Shanghai owing the weight of new modern buildings causing disturbance and sometimes dislocation to the fabric of fold and fragile buildings on fiaeent lots, and much correspon fence frequently ensues between the lurchiteets of the respective owners fas to the liability for damag. sustained. may be generally Stated that there is no natural right te support from buildings. A building owner must take reasonable! Jcare not to interfere with the ad-Joining buildings, but he is not called upon to take any active steps for their protection ax for instance shoring. When a building, owner pulls down his buildings and damage fe caused to his neighbour's house teeause of its weak and count, and it would seem that in-Jasmuch as in certain cases such Tight does attach to properties, it would be correct to term it an implied easement.
The Law of "Shenko"
The custom may obtain in other parts of China but its general apication seems to be peculiar to! Shanghai, The word Shenko has been translated by two separate authorities us meaning "To place fon the Register" and "To pay the price." Briefly described it is the Tight appertaining to the owner of jun adjoining property to purchase ¥\from the government at a fixed price waste land such as re-claimed Jereek-beds, fore-shore accretions, disused roads ete.
Another class of easement aflecting land in the International Settle ments of Shanghai was created by the Shanghai land regulations of 1854 and 1869, It may not be generally known that the grass plots on the bund frontage and also on the south bank of the Soochow Creek fas far as Honan Road are included in the title deeds of the lot-holders und that whilst they do not pay municipal taxes on the areas] beyond the road they still pay land tax to the Chinese government, Article V. of the land regulations of 18¢9 provides. that the beach grounds of riparian lots on the bund and on the South Bank Uf the Soochow Creek shall be sur-Fendered to public use and also that in the ease of land "rented' subsequent to the publication of the regulations, any land required for public roads and also the beach ground or fore-shore if any shall surrendered in a like manner.
Two important law cases have hoon fought in this connexion, yeth of which went to the Privy Counci! en appeal, and both of which were decided in favour of the Shanghai Municipal Council.
In the first case, known ax the Ince ease, tried in' the year 1884, the Municipal Couacil applied to the Supreme Court for an injunction to restrain Mr. H, A. Inca or his agent from building on, or exercising any acts of ownership. over the fore: shore of Lot 282 on the banks of Soochow Cree. The case was decided i favour of the Municipal Council hut the defendant appeal Jand his appeal was finally disallow-Jed by the Privy Council.
would seem, however, from subsequent events that the Municipal Council do recognize the claim. to ownership over Bund lots, as in jas follows:
With a view to dispelling certain cubs' Shek Vapogte to exist in the Grinds of Bund frontage lot owners ral publiey it is hereby "the "Council's, policy in "fund Foreshore is improve it for the uses present put or for such like ces as will not) impair Berto! the "detriment. of public. righ the vights of the Tot! owners cone By order, 1N.O, Liddell Secretary.
An easement undoubtedly there-{fore exists on this portion of the foreshore, and it would appear from the judgment in the Ince case that whilst the respective owners have fro power to build upon such portions of their lots as project beyond the bund road they still possess rights to prevent the public aut! orities from dealing with the land ina manner which would not be facceplable to them. In the second lease known as the Mr. Murray case decided in the year 1899, the matter of the free surrender of land for road purposes was in question, and established that. prior requisition of land from the Chinese owners, a free surrender must be made of such road area out fof the property, A right in. the nature of an easement therefore exists in all such eases,
Text read from the printed page and cleaned; old type leaves the occasional error.