Citizendia

Property law
Part of the common law series
Acquisition of property
Gift  · Adverse possession  · Deed
Lost, mislaid, or abandoned
Treasure trove
Alienation  · Bailment  · License
Estates in land
Allodial title  · Fee simple  · Fee tail
Life estate  · Defeasible estate
Future interest  · Concurrent estate
Leasehold estate  · Condominiums
Conveyancing of interests in land
Bona fide purchaser
Torrens title  · Strata title
Estoppel by deed  · Quitclaim deed
Mortgage  · Equitable conversion
Action to quiet title
Limiting control over future use
Restraint on alienation
Rule against perpetuities
Rule in Shelley's Case
Doctrine of worthier title
Nonpossessory interest in land
Easement  · Profit
Covenant running with the land
Equitable servitude
Related topics
Fixtures  · Waste  · Partition
Riparian water rights
Lateral and subjacent support
Assignment  · Nemo dat
Other areas of the common law
Contract law  · Tort law
Wills and trusts
Criminal Law  · Evidence

For railroad track easement see Track transition curve. Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive A gift, in the Law of Property, has a very specific meaning In order for a Gift to be legally effective the grantor must have intended to give the gift In Common law, adverse possession is the process by which title to another's Real property is acquired without compensation, by as the name A deed is a Legal instrument used to grant a Right. Deeds are part of the broader category of documents under seal. In the Common law of Property, personal belongings that have left the possession of their rightful owners without having directly entered the possession of another person are A treasure trove may broadly be defined as an amount of gold silver gemstones money jewellery or any valuable collection found hidden underground or in places such as cellars Alienation, in Property law, is the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another Bailment describes a legal relationship in Common law where physical possession of personal Property ( Chattels) is transferred from one person (the The verb license or grant license means to give permission The noun license is the document demonstrating that permission An estate is the Net worth of a person at any point in time It is the sum of a person's Assets - legal rights interests and entitlements to Property of Allodial title is a concept in some systems of property law It describes a situation where Real property ( Land, Buildings and Fixtures) is owned Fee simple is an estate in land in Common law. It is the most common way Real estate is owned in common law countries and is ordinarily the most Fee tail or entail is an obsolete term of art in Common law. It describes an estate of Inheritance in Real property which cannot A life estate is a concept used in Common law and Statutory law to designate the ownership of land for the duration of a person's life A defeasible estate is created when a grantor transfers land conditionally In Property law and Real estate, a future interest is a legal right to property ownership that does not include the right to present possession or enjoyment of A concurrent estate or co-tenancy is a concept in Property law, particularly derived from the Common law of Real property, which describes A condominium, or condo, is a form of Housing tenure and other Real property where a specified part of a piece of real estate (usually of an apartment In law conveyancing is the transfer of title of Property from one person to another or the granting of an Encumbrance such as a Mortgage or A bona fide purchaser ( BFP) referred to more completely as a bona fide purchaser for value without notice is a term used in the Law of Real property Torrens title is a system of land title where a register of land holdings maintained by the state guarantees an indefeasible title to those included in the register Strata title is a form of ownership devised for multi-level apartment blocks. Estoppel by Deed - A doctrine where rules of evidence prevent a litigant from denying the truth of what was said or done A quitclaim deed is a term used to describe a document by which a person (the "grantor" disclaims any interest the Grantor may have in a piece of Real property A mortgage is the pledging of a property to a Lender as a security for a Mortgage loan. Equitable conversion is a doctrine of the Law of Real property under which a purchaser of real property becomes the equitable owner of title to the property at the An action to quiet title is a Lawsuit brought in a Court having Jurisdiction over land disputes in order to establish a party's title to Real property In Property law and Real estate, a future interest is a legal right to property ownership that does not include the right to present possession or enjoyment of A restraint on alienation, in the Law of Real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling The rule against perpetuities is a rule of law in effect under the property, Trusts, Estate, and Contract law of many Common law The Rule in Shelley's Case is a rule of law that may apply to certain Future interests in Real property and Trusts created in Common law jurisdictions In the Common law of England, the doctrine of worthier title was a legal doctrine that preferred taking title to Real estate by descent A nonpossessory interest in land is a term of the Law of Property to describe any of a category of rights held by one person to use land that is in the possession Profit, but an entirely different meaning of the term analogous to an Easement. A covenant running with the land, is a Real covenant, in the Law of Real property. An equitable servitude is a term used in the Law of Real property to describe a Nonpossessory interest in land that operates much like a Covenant running In the law of real property fixtures are anything that would otherwise be a Chattel that have by reason of incorporation or affixation become permanently attached to Waste is a term used in the Law of Real property to describe a Cause of action that can be brought in Court to address a change in condition A partition is a term used in the Law of Real property to describe an act by a Court order or otherwise to divide up a Concurrent estate into Riparian Water rights (or simply riparian rights) is a system of allocating water among those who possess land about its source Lateral and subjacent support, in the Law of property, describes the right a landowner has to have that land physically supported in its natural state by both adjoining An assignment (Latin cessio) is a term used with similar meanings in the Law of Contracts and in the law of Real estate. Nemo dat quod non habet, literally meaning "no one give what one does not have" is a legal rule sometimes called the nemo dat rule that states that the purchase of A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property The law of trusts and estates is generally considered the body of Law which governs the management of personal affairs and the Disposition of Property of The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e A Track transition curve, or spiral easement, is a mathematically calculated curve on a section of highway or railroad track where a straight section changes into a curve

An easement is the right or freedom to do something or the right to prevent someone else from doing something over the real property of another. In the Common law, real property (or realty) refers to one of the two main classes of Property, the other class being Personal property ( At common law, an easement came to be treated as a property right in itself and is still treated as a kind of property by most jurisdictions. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive In some jurisdictions, another term for easement is equitable servitude, although easements do not have their origin in equity. An equitable servitude is a term used in the Law of Real property to describe a Nonpossessory interest in land that operates much like a Covenant running Equity is the name given to the set of legal principles in jurisdictions following the English common law tradition which supplement strict rules of law where

The right is often described as the right to use the land of another for a special purpose. Unlike a lease, an easement does not give the holder a right of "possession" of the property, only a right of use. Leasing is a process by which a firm can obtain the use of a certain fixed assets for which it must pay a series of contractual periodic tax deductable payments It is distinguished from a licence that only gives one a personal privilege to do something even more limited on the land of another. The verb license or grant license means to give permission The noun license is the document demonstrating that permission An example of a license is the right to park a car in a parking lot with the consent of the parking lot owner. Licences in general can be terminated by the property owner much more easily than easements. This is similar to but not the same as a wayleave. Easements also differ from licences in that most easements ("easements appurtenant") are attached to and benefit another parcel of land, not a specific person. This means that a property that enjoys an easement over another will continue to enjoy the easement even if the property gets transferred to a different owner. Other easements ("easements in gross") benefit a specific person.

Easement concepts differ substantially from country to country, and in the U. S. from state to state. Historically, it was limited to the right-of-way and rights over flowing waters, although this is no longer true. Traditionally, it was a right that could only attach to an adjacent land and was for the benefit of all, not a specific person; this is also no longer true in many jurisdictions.

Contents

Classification of easements

Public easements versus private easements

Easements may be considered public or private. A private easement is limited to specific individuals or entities such as the owner of an adjoining land. A public easement is one that grants the right to a large group of individuals or to the public in general, such as the easement on public streets and highways or of the right to navigate a river.

Appurtenant easements compared to easements in gross

In the U. S. , an easement appurtenant is one that benefits the dominant tenement (i. e. attached to adjoining land), as compared to an easement in gross that is personal to holder of the easement and does not pass automatically to another person when the easement holder's property is sold and bought.

An easement in gross is one that is attached to an individual person or legal entity rather than a parcel of real estate served by the easement. This easement can be personal (like an easement to use one's boat ramp) or commercial (like an easement given to a railway company to build and maintain a rail line across one's property) in nature. In earlier times, easements in gross were considered neither assignable nor inheritable, but today, most courts hold that commercially oriented easements in fee are freely alienable. This is not true in England and Wales where easements cannot be in gross. History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception See also Profit-a-Prendre. Profit, but an entirely different meaning of the term analogous to an Easement.

Floating easements

A floating easement is when there does not exist any fixed location, route, method or limit to the right of way. In Geography, location is a position or point in Physical space that something occupies on Earths' surface [1] [2] [3] For example, a right of way may cross a field, without any visible path, or allow egress through another building for fire safety purposes. Fire safety refers to precautions that are taken to prevent or reduce the likelihood of a Fire that may result in death injury or property damage alert those in a structure A floating easement may be public or private, appurtenant or in gross. [4]

One case defined it as: "(an) easement defined in general terms, without a definite location or description, is called a floating or roving easement. . . . "[5] Furthermore, "a floating easement becomes fixed after construction and cannot thereafter be changed. "[6]

Dominant tenement versus servient tenement

Main article: Dominant estate

Where an easement is appurtenant (in England and Wales, all easements), it will typically require the existence of two parcels of land, known as tenements. A dominant estate is the parcel of Real property that has an Easement over another piece of property There is the dominant tenement, which is the plot of land to which the benefit an appurtenant easement is attached. Second, there is the servient tenement, which is the plot of land which bears the burden of the easement.

For example, where a driveway is owned by house A, but the owners of house B are permitted to drive over it to gain access to their house, there is an easement of way, with house B the dominant tenement and house A the servient tenement.

Profits

Main article: Profit-à-prendre

A profit (or profit à prendre) is a right to take something off another person's land[7]. Profit, but an entirely different meaning of the term analogous to an Easement. At common law it was treated differently from an easement, something that is still the case in English law. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the In other jurisdictions a profit is treated as a special type of easement.

Examples of profits include the right to come onto the property of another and remove fruits, vegetables, and "fugacious minerals" (minerals that tend to be movable) such as gas or oil; by comparison, coal, which does not move, would not be considered a fugacious mineral. The rights of the profit-holder depend on the nature of the profit.

Creation of easements

Easements may be created in a number of ways. In most of the United States, using someone else's property, for example, for ingress and egress over a certain number of years, regularly and without the consent of the property owner, can give the user the right to continue using the property for the same purpose for as long as the user wishes. This method of acquiring an easement is called a "prescriptive easement" or "easement by prescription. "

In most of the United States, "prescriptive easement" cannot be used to acquire the right to protect a view over a neighboring property no matter how long a property owner has had a view over the neighbor's property. This concept, known as "ancient lights" in some common law jurisdictions, has recently been recognized in California. In English law, ancient lights or a right to Light is a form of Easement that gives a long-standing owner of a building with windows a right

Prescriptive easements can be contrasted with adverse possession, which involves the taking of complete title to land rather than just taking the right to use the property. In Common law, adverse possession is the process by which title to another's Real property is acquired without compensation, by as the name

In England and Wales, much the same result is achieved but in a different way: if you are able to show that the easement has been used, as of right, for a period of 20 years, the law assumes that the right to use the easement must have been granted - either long in the past (since time immemorial) or more recently where the evidence has been lost (lost modern grant). This can be disproved, for example by showing that the owner of the land was incapable of consenting. This distinguishes this from adverse possession (by which the ownership of the land itself can be acquired by long user) which does not rely on the fiction of a supposed grant but instead on the fact of the use/possession of the land.

Implied easements versus express easements

An easement may be implied or express. An express easement may be "granted" or "reserved" and is typically included in a document such as a deed or other officially recorded document, or incorporated by reference to a subdivision plan by "dedication", or in restrictive covenants in an owners' association agreement. A deed is a Legal instrument used to grant a Right. Deeds are part of the broader category of documents under seal. For example, a "paper street" shown on an approved and recorded subdivision plan, but never improved to become an actual street, creates an express "easement by estoppel" whereby the grantor and abutters of the way cannot later deny the existence of the way or its potential benefits to others in the subdivision (e. g. , for an underground drainage line). Moreover, courts typically refer to the intent of the parties in prescribing an easement based on prior use.

Easement by necessity

Similarly, parcels without access to a public way may have an easement of access over adjacent land, if crossing that land is absolutely necessary to reach the landlocked parcel. There is an implied easement arising from the original subdivision of the land for continuous and obvious use of the adjacent parcel (e. g. , for access to a road, or to a source of water). This easement is extinguished upon termination of the necessity (for example, if a new public road is built adjacent to the landlocked tenement). An easement by necessity is distinguished from an easement by implication in that the former easement arises only when "strictly necessary," whereas the latter can arise when "reasonably necessary. "

However, the landlocked owner might be required to obtain a license for a new commercial use or to cause damage during access (e. g. , a logging road or blazed trails). Some states, also, frown on granting easements by necessity when the need was created by the owner's own actions, say, by selling off plots of land resulting in a landlocked parcel.

Some U. S. state statutes grant a permanent easement of access to any descendant of a person buried in a cemetery on private property.

Easement by prescription

Easements by prescription, also called prescriptive easements, are implied easements that give the easement holder a right to use another person's property for the purpose the easement holder has used the property for a certain number of years, which varies from state to state. Prescriptive easement is not the same as adverse possession, which allows a party to acquire title to real property by asserting possession over it for the statutory period. Requirements vary among states to successfully claim adverse possession. In California, for example, an adverse possessor is required to assert possession of the property AND pay all property taxes for at least five years. Prescriptive easements are a type of implied easement, in that they arise even though they are not expressly created or recorded. Unlike other implied easements, however, prescriptive easements are hostile (i. e. , without the consent of the true property owner). Prescriptive easements do not convey the title to the property in question, only the right to utilize the property for a particular purpose. They often require less strict requirements of proof than fee simple adverse possession. Fee simple is an estate in land in Common law. It is the most common way Real estate is owned in common law countries and is ordinarily the most

Once they become legally binding, easements by prescription hold the same legal weight as written or implied easements. Before they become binding, they hold no legal weight and are broken if the true property owner acts to defend his ownership rights. Easement by prescription is typically found in legal systems based on common law, although other legal systems may also allow easement by prescription. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive

Laws and regulations vary among local and national governments, but some traits are common to most prescription laws. Generally, the use must be open (i. e. obvious to anyone), actual, continuous (i. e. , uninterrupted for the entire required time period), and adverse to the rights of the true property owner. The use also generally must be hostile and notorious (i. e. , known to others). Unlike fee simple adverse possession, prescriptive easements typically do not require exclusivity.

The period of continuous use for a prescriptive easement to become binding is generally between 5 and 30 years depending upon local laws (usually based on the statute of limitations on trespass). A statute of limitations is a Statute in a Common law Legal system that sets forth the maximum period of time after certain events that legal proceedings Generally, if the true property owner acts to defend his property rights at any time during the required time period the hostile use will end, claims on adverse possession rights are voided, and the continuous use time period resets to zero.

In some jurisdictions, if the use is not hostile but given actual or implied consent by the legal property owner, the prescriptive easement may become a regular or implied easement rather than a prescriptive easement and immediately becomes binding. In other jurisdictions, such permission immediately converts the easement into a terminable license, or restarts the time for obtaining a prescriptive easement.

Government owned property held for common use is generally immune from prescriptive easement in most cases, but some other types of government owned property may be subject to prescription in certain instances.

Prescription may also be used to end an existing legal easement. For example, if a servient tenement holder were to erect a fence blocking a legally deeded right-of-way easement, the dominant tenement holder would have to act to defend his easement rights during the statutory period or the easement might cease to have legal force, even though it would remain a deeded document.

Right-of-way for access is among the most common easement by prescription.

Easements taken by the government

In the United States, easements may be acquired by the government using its power of "eminent domain" in a "condemnation" proceeding in the courts. The United States of America —commonly referred to as the Eminent domain ( United States) compulsory purchase ( United Kingdom, New Zealand, Ireland) resumption/compulsory acquisition Note that in the U. S. , in accordance with the Fifth Amendment to the U. The Fifth Amendment ( Amendment V) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure S. Constitution, property cannot simply be taken by the government unless the property owner is compensated for the fair market value of what is taken. This is true whether the government acquires full ownership of the property ("fee title") or a lesser property interest, such as an easement.

A similar right to property would appear to exist in the law of England and Wales following the 1998 incorporation of the European Convention on Human Rights and Fundamental Freedoms 1950 into English law, in that any deprivation of the rights of the owner of property must be "in accordance with law" as well as "necessary in a democratic society" and "proportionate". This means that any act of a public authority to compulsorily purchase or otherwise take property would be incompatible with the Convention, and thereby unlawful.

Termination of easements

Generally, mere non-use does not end an easement. [8] One or more of the following factors may also have to be present:

Examples of easements

Easements include:

Trespass upon easement

Blocking access to someone who has an easement is a trespass upon the right of easement and creates a cause of action for civil suit. Trespass (Fr trespas a crime properly a stepping across from Lat For example, putting up a fence across a long-used public path through private property may be a trespass and a court may order the obstacle removed. Turning off the water supply to a downhill neighbor may similarly trespass on the neighbor's water easement.

Open and continuous trespassing upon an easement can lead to the extinguishment of an easement by prescription (see below), if no action is taken to cure the limitation over an extended period.

Adverse possession

Adverse possession can result in a grant of rights in adversely possessed property which are 'taken' by the adverse possesser. In Common law, adverse possession is the process by which title to another's Real property is acquired without compensation, by as the name For example, it is possible to adversely possess an easement, under the legal doctrine of prescription. For railroad track easement see Track transition curve. An easement is the right or freedom to do something or the right to prevent This must also be done openly but need not be exclusive, and must outlast the same required statutory eviction period.

For example, given a deeded easement to use someone else's driveway to reach a garage, if a fence or permanently locked gate is established by the user of the easement that prevents access to the easement area by the property owner (and in some states if the user of the easement pays the property taxes on the area covered by the easement), and nothing is done to remove or circumvent the obstacle, and the statutory period expires; then the property included in the easement can be forfeit by the owner and accrue to the benefit of the adverse possessor.

Restrictive easement

Restrictive easements are also called "negative easements," as their "use" is normally prohibitive, such as a common "vehicular non-access" (sometimes mislabeled "non-vehicular access") easement as shown along a main thoroughfare where the governmental entity needs to restrict access. Therefore a restrictive easement is a condition placed on land by its owner or by government that in some way limits its use, usually regarding the types of structures which may be built there or what may be done with the ground itself. For instance, if a leased piece of land is not precluded by zoning laws (probably because it is not in a township) from having people inhabit it, and the government feels that for some reason living there would be especially unsafe, it may place a restrictive easement on the property stating that no one may live there. Restrictive easements are also frequently placed on wetlands (i. A wetland is an area of Land consisting of Soil that is Saturated with Moisture, such as a Swamp, Marsh, or Bog e. , a conservation easement) to prevent them from being destroyed by development. In the United States, a conservation easement is an Encumbrance &mdash sometimes including a transfer of usage rights ( Easement) &mdash which creates

Prescriptive easements for view, or the right to prevent a neighboring property owner from blocking the view across the property from a neighboring property, are not recognized in any U. S. state. This type of easement is referred to as "ancient lights" in some non-U. S. jurisdictions. An easement for view can be obtained by grant or reservation in most U. S. jurisdictions when property is conveyed.

Another type of restrictive easement is an historic preservation easement in which the owner of a historic structure agrees not to change specified historic elements of the facade.

The primary difference between location preservation ordinances and historic preservation easements is that local ordinances are discretionary and can be removed and a historic preservation easement runs with the property forever.

The value of easements imposed on historic properties already protected by local ordinances has recently been the subject of discussion by some people who have claimed that “where the subject property is located in a local historic district in which there are existing restrictions, regulations and controls, the terms of the easement are substantially redundant. ”

Easement-encumbered properties within local historic districts should sell at a penalty relative to unencumbered properties in such districts because the easement typically imposes stricter controls than those contained in the usual preservation ordinance.

Easements often prohibit changes in property use or changes to significant architectural features while ordinances may permit such changes, subject to review and approval by a board of architectural review.

Further, unlike preservation ordinances, the easement typically contains no relief for "economic hardship" commonly found in governmental regulation of land use.

Easements are granted in perpetuity while historic district ordinances and local zoning practices change over time to reflect the dynamics of a changing political and/or economic interests of a community. An easement on a historic urban property is generally intended to preserve and conserve the historic, architectural, scenic and cultural values of a certified historic structure.

An easement donation reduces the basis in subsequent years by a fraction equal to the ratio of the value of the easement donation divided by the value of the property just before the easement donation takes place. This Basis Adjustment will cause a reduction from the owner’s depreciation schedule and or increase one’s capital gain upon sale of subject property.

Easements provide for judicial extinguishment in the event the historic structure is destroyed. The proceeds from the extinguishment are prorated at a fraction equal to the ratio of the value of the easement donation divided by the value of the property just before the easement donation takes place, and paid to the easement holding organization (not the landlord).

In the case of properties located in registered historic districts, the easement will also protect the historic district through limitations on uses that might jeopardize the architectural scale, style and sense of cultural identity of the district. The easement does this by restricting alteration and modification of the property in ways that would change its historic appearance or remove or replace historic building fabric. Such an easement typically contains provisions:

1) Prohibiting demolition.

2) Prohibiting or severely limiting subdivision.

3) Prohibiting or limiting further construction or development. Depending upon the property, the easement may also prohibit or limit use changes.

4) Prohibiting changes to exteriors (and on occasion interiors) of historically or architecturally significant buildings depending upon their significance, barring changes to facades visible from public ways or prohibiting changes without prior review by the holding organization.

5) Typically, easements on significant historic buildings will regulate changes to all facades, regulate how historic materials are replaced or repaired, prohibit or regulate placement of commercial or other signs and prohibit changes inconsistent with the building's historic character.

6) Requiring maintenance in conformity with agreed standards, typically those set by the US Department of Interior, to protect the historic structure.

7) Maintenance in excess of that ordinarily anticipated for comparable structures is typically required.

8) The cost of conducting "interruptive maintenance" out of the ordinary building maintenance cycle to correct what, in economic terms, are relatively minor defects (such as repainting or repair of deteriorated brickwork, cornices or window elements more frequently than would be required by market conditions) must be considered.

9) Requiring the owner to keep the property fully insured against casualty loss and to reconstruct improvements if they are destroyed. Again, not all preservation easements require the owner to insure the property or to replace it in the event of casualty.

10) Prohibiting dumping of trash.

11) Allowing for certain rights held by the holding organization, including periodic inspection, review and enforcement rights.

12) On structures within historic districts provide that any replacement structure must be constructed according to design plans approved by the easement holder.

Torrens title registration

Under the Torrens title registration system of land ownership registration, easements and mortgages are recorded on the titles kept in the central land registration or cadastre. Torrens title is a system of land title where a register of land holdings maintained by the state guarantees an indefeasible title to those included in the register A mortgage is the pledging of a property to a Lender as a security for a Mortgage loan. In Law, land registration is a system by which the Ownership of estates in land, is recorded and registered usually by Government, in order A cadastre (also spelled cadaster) is a comprehensive register of the Metes and bounds real property of a country and commonly includes details of Any unrecorded easement is extinguished and no easement by prescription or implication may be claimed.

England and Wales

In England and Wales there are four requirements for an easement[9]:

Thus an easement is always linked to a specific property and can never be in gross, nor can an easement be for the benefit of the general public. History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception Separate laws, such as the law of public rights of way, or customary rights, governs rights for the public in general.

Prescription

An easement may be prescribed where the easement has been used as if the owner of the dominant tenement were entitled to it (known technically as "user as of right"). There are now four ways that an easement may be prescribed:

There are three conditions for a user as of right to exist, which follows the Roman Law doctrine of nec vi, nec clam, nec precario (without force, without secrecy, without permission). Roman law is the legal system of Ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting

The question of how far the owner of the servient tenement may prevent prescription by giving a blanket permission to use the easement is uncertain. It was suggested by Warner J Rafique v The Trustees of The Walton Estate (1993) 65 P. & C. R. 356, that the owners of an easement of way could prevent the possibility of the acquisition of prescriptive rights by displaying a notice on the road in question stating that anybody using the road did so "only be permission of the Trustees and that that permission might be withdrawn at anytime. "

See also

External links

References

  1. ^ Ballentine's Law Dictionary, p. In English law, ancient lights or a right to Light is a form of Easement that gives a long-standing owner of a building with windows a right Air rights are a type of development right in Real estate. Generally speaking owning or renting land or a Building gives one the right to use and develop the empty The Countryside and Rights of Way Act 2000 is a UK Act of Parliament which came into force on November 30, 2000. Crown land is a designated area belonging to The Crown, the equivalent of an entailed estate that passed with the Monarchy and could not be Crown land is a designated area belonging to The Crown, the equivalent of an entailed estate that passed with the Monarchy and could not be Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders such as use for Copyright is a legal concept enacted by Governments, giving the creator of an original work of authorship Exclusive rights to control its distribution usually for Land rights are those Property rights that pertain to Real estate land Prior appropriation Water rights, sometimes known as the " Colorado Doctrine" in reference to the U The freedom to roam, or everyman's right is a term describing the general public's right to access certain public or privately owned land for recreation and Exercise Riparian Water rights (or simply riparian rights) is a system of allocating water among those who possess land about its source Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest The rights A structural encroachment is a concept in American Real property law, in which a piece of Real property hangs from one property over the property line of 201.
  2. ^ law. com dictionary: [1]
  3. ^ Legal-explanations. com: [2]
  4. ^ Example of a public floating easement, owned by the state of Florida and managed by the city of St. Augustine: [3]
  5. ^ Sunnyside Valley Irrigation District v. Florida ( is a state located in the southeastern region of the United States, bordering Alabama to the northwest and Georgia to the St Augustine is the County seat of St Johns County, Florida, in the United States. Dickie, Docket No. 726353MAJ (Wash. 2003), citing, Berg v. Ting, 125 Wn. 2d 544, 552, 886 P. 2d 564 (1995), retrieved from findlaw. com [4]
  6. ^ Ibid. , citing Rhoades v. Barnes, 54 Wash. 145, 149, 102 P. 884 (1909).
  7. ^ Duke of Sutherland v Heathcote [1892] 1 Ch 475 at 484 per Lindley LJ
  8. ^ Ward v. Ward (1952) 7 Exch. 838
  9. ^ Re Ellenborough Park [1956] Ch 131
Re Ellenborough Park ( Ch 131 is a case in English Property Law primarily concerning the validity of an Easement.

Dictionary

easement

-noun

  1. (law) Legal right to use another person's property
  2. (archaic) Relief, easing.
  3. (archaic) Shed, a small outbuilding.
© 2009 citizendia.org; parts available under the terms of GNU Free Documentation License, from http://en.wikipedia.org
 Dapyx Software network: MP3 Explorer | Ebook Manager | Zenithic