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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 .
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 specified altitude for aviation purposes. Also known as aviation easement, where needed for low ...
Physical entry is not required, but the holder must do more than just proclaim an intent to take back. One of the languages used to create a fee simple subject to condition subsequent and a right of entry is "to A, but if A sells alcohol on the land, then grantor has the right of entry (or power of termination)."
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]
Ingress, egress, and regress are legal terms referring respectively to entering, leaving, and returning to a property or country. The term also refers to the rights of a person (such as a lessee) to do so as regards a specific property.
Right to light is a form of easement in English law that gives a long-standing owner of a building with windows a right to maintain an adequate level of illumination. The right was traditionally known as the doctrine of " ancient lights ". [ 1 ]
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. 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.
If the grantor uses language such as "but if alcohol is served", then the grantor or the heirs have a right of entry if the condition occurs, but the estate does not automatically revert to the grantor; this is a fee simple subject to a condition subsequent. In most jurisdictions in the United States these concepts have been modified by statute.