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Easements
An easement is a nonpossessory right to use or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes. In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. Easements are helpful for providing a 'limited right to use another person's land for a stated purpose. For example, an easement may allow someone to use a road on their neighbor’s land to get to their own.' Another example is someone's right to fish in a privately owned pond, or to have access to a public beach. The rights of an easement holder vary substantially among jurisdictions. Types Historically, common law courts would enforce only four types of easements: # Easeme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Profit (real Property)
A profit (short for ''profit-à-prendre'' in Middle French for "advantage or benefit for the taking"), in the law of real property, is a nonpossessory interest in land similar to the better-known easement, which gives the holder the right to take natural resources such as petroleum, minerals, timber, and wild game from the land of another. Indeed, because of the necessity of allowing access to the land so that resources may be gathered, every profit contains an implied easement for the owner of the profit to enter the other party's land for the purpose of collecting the resources permitted by the profit. Creation Like an easement, profits can be created ''expressly'' by an agreement between the property owner and the owner of the profit, or by ''prescription'', where the owner of the profit has made "open and notorious" use of the land for a continuous and uninterrupted statutory period. Types A profit can be ''appurtenant'' (owned by an adjacent landowner, and tied to the u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Covenant (law)
A covenant, in its most general and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical English common law, a covenant was distinguished from an ordinary contract by the presence of a seal. Because the presence of a seal indicated an unusual solemnity in the promises made in a covenant, the common law would enforce a covenant even in the absence of consideration. In United States contract law, an implied ''covenant'' of good faith is presumed. A covenant is an agreement like a contract. A covenantor makes a promise to a covenantee to perform an action ''(affirmative covenant'' in the United States or ''positive covenant'' in England and Wales) or to refrain from an action (negative covenant). In real property law, the term real covenants means that conditions are tied to the ownership or use of land. A "covenant running with the land", meeting tests of wording and circumstances laid down in precedent, imposes duties or restri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equitable Servitude
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 with the land. In England and Wales the term is defunct and in Scotland it has very long been a sub-type of the Scottish legal version of servitudes, which are what English law calls easements. However, covenants and equitable servitudes in most of the jurisdictions across North America are slightly different. The usual distinction is based on the remedy plaintiff seeks and precedent will allow for the scenario in question. Where the terms are unmerged, holders of a ''covenant'' seek ''money'' damages; holders of ''equitable servitudes'' seek ''injunctions''. The term used to exist in England widely before '' Tulk v Moxhay'' and as byproduct of the Judicature Acts became one of the fullest mergers of equity and common law in England and Wales so as to agree initially on the term "equitable covenant", then coming to be united i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right-of-way (property Access)
A right of way (also right-of-way) is a specific route that people, animals, vehicles, watercraft, or utility lines travel, or the legal status that gives them the right to do so. Rights-of-way in the physical sense include controlled-access highways, railroads, canals, hiking paths, bridle paths for horses, bicycle paths, the routes taken by high-voltage lines (also known as wayleave), utility tunnels, or simply the paved or unpaved local roads used by different types of traffic. The term ''highway'' is often used in legal contexts in the sense of "main way" to mean any public-use road or any public-use road or path. Some are restricted as to mode of use (for example, pedestrians only, pedestrians, horse and cycle riders, vehicles capable of a minimum speed). Rights-of-way in the legal sense (the right to pass through or to operate a transportation facility) can be created in a number of different ways. In some cases, a government, transportation company, or conservation n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Ellenborough Park
was an English land law case which reformulated the tests for an easement (the scope of the law of easements). It found an easement to use a communal garden to be a valid easement in law. There is no requirement for all of the houses to be immediately next to the garden to benefit from it. Facts Ellenborough Park is a park in Weston-super-Mare (split by a minor road, not considered by either side, nor the courts consequential). The larger park was owned in 1855 by two tenants in common who sold off outlying parts for the building of houses, and granted rights in the purchase/sale deeds to the house owners (and expressly to their successors in title) to enjoy the parkland which remained.The court-approved transcript at bailii.org The land was enjoyed freely until 1955, when [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right-of-way (transportation)
A right of way (also right-of-way) is a specific route that people, animals, vehicles, watercraft, or utility lines travel, or the legal status that gives them the right to do so. Rights-of-way in the physical sense include controlled-access highways, railroads, canals, hiking paths, bridle paths for horses, bicycle paths, the routes taken by high-voltage lines (also known as wayleave), utility tunnels, or simply the paved or unpaved local roads used by different types of traffic. The term ''highway'' is often used in legal contexts in the sense of "main way" to mean any public-use road or any public-use road or path. Some are restricted as to mode of use (for example, pedestrians only, pedestrians, horse and cycle riders, vehicles capable of a minimum speed). Rights-of-way in the legal sense (the right to pass through or to operate a transportation facility) can be created in a number of different ways. In some cases, a government, transportation company, or conservation n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deed
A deed is a legal document that is signed and delivered, especially concerning the ownership of property or legal rights. Specifically, in common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) title to property. The deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral. Deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the modern descendant of the medieval charter, and delivery is thought to symbolically replace the ancient ceremony of livery of seisin. The traditional phrase ''signed, sealed and delivered'' refers to the practice of using seals; however, attesting witnesses have repla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Landlocked Parcel
A landlocked parcel is a real estate plot that has no legal access to a public right of way. Generally, a landlocked parcel has less value than a parcel that is not landlocked. Often, the owner of a landlocked parcel can obtain access to a public roadway by easement. Thailand Section 1349 Any plot of land is surrounded by other plots of land until there is no exit to reach the public way. The owner of that plot of land may pass through the surrounding land to the public way. Any plot of land has a way out, but when it has to cross a pond, pond or sea, or there is a steep slope that is much higher than the land level and the public way. He said to use the provisions in the preceding paragraph. The place and method of making the passage must be chosen as appropriate to the necessity of the person entitled to transit. with regard to the land surrounding it to cause as little damage as possible If necessary, the person entitled to transit may construct a road as a passageway. The pers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nonpossessory Interest In Land
A nonpossessory interest in land is a term of property law to describe any of a category of rights held by one person to use land that is in the possession of another. Creation Such rights can generally be created in one of two ways: either by an express agreement between the party who owns the land and the party who seeks to own the interest; or by an order of a court. Types Under the common law, there are five variations of such rights. These are: * easements * profits * restrictive covenants * equitable servitudes, and *licenses. See also * Fee simple * Lease A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial ... * Seiszin References Property law Real property law {{Law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
