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Right of entry refers to one's right to take or resume possession of land, or the right of a person to go onto another's real property without committing trespass. It also refers to a grantor 's power to retake real estate from a grantee in the case of a fee simple subject to condition subsequent .
See also, Right of way (property access) The following rights are recognized of an easement: Right to light, also called solar easement. The right to receive a minimum quantity of light in favour of a window or other aperture in a building which is primarily designed to admit light. Aviation easement. The right to use the airspace above a ...
Easements are distinct from restrictive covenants and the court will not allow the creation of an easement where the right is in substance a restrictive covenant. Showing a restrictive covenant exists requires demonstrating different criteria are met and a restrictive covenant operates only in equity and not at the common law, whereas an easement can operate at either. [12]
Property rights advocates say that failure to record a right-of-way means that there was no intention to create a public right. Shared-access groups argue that lack of formal action by counties does not diminish the public’s easement/usufruct rights through private lands.
Accession might also be (from Latin accedere, to go to, approach), in law, a method of acquiring property adopted from Roman law (see: accessio), by which, in things that have a close connection with or dependence on one another, the property of the principal draws after it the property of the accessory, according to the principle, accessio cedet principali.
General Land Office Easements (also known as "government land office easements," and "GLO easements") were legal mechanisms which created right of way to ensure future access through, and to the interior of, lots or parcels created by the U.S. Small Tract Act of 1938, (52 Stat. 609, amended 1948, 62 Stat. 476; Not to be confused with the much later "Small Tracts Act" of 2002 which is ...
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To create an easement, first, under Law of Property Act 1925 section 65(1) a landowner may expressly grant a neighbour a right over his land, or may reserve a right when selling a portion of land to someone else. Second, an easement may also come about through an express assurance, triggering proprietary estoppel.