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The necessity of easements is shown by the Law Commission's 2008 statistical finding that express easements exist over or under at least 65% of registered freehold titles. [3] In many cases it is impossible for a land owner or tenant to access a public highway without an easement of a right of way over intervening land.
The easement contains pipes that supply water to 360,000 residents. The problem is that those pipes are now nearly 100 years old, so a rupture could happen at any time, resulting in untold damages.
Express easements are formed through a legal contract and are put into the deed of the property. Public easements, such as for sidewalks or utility lines, are created to benefit the public as a ...
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. [1]
Electrical power line easement. Telephone line easement. Fuel gas pipe easement. Sidewalk easement. Usually sidewalks are in the public right-of-way. View easement. Prevents someone from blocking the view of the easement owner, or permits the owner to cut the blocking vegetation on the land of another. Driveway easement, also known as easement ...
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. [1] 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.
Compulsory purchase only applies to the extent that it is needed for the purchaser's purposes. Thus, for example, a water authority does not need to buy the freehold in land in order to run a sewer through it. An easement will normally suffice, so in such cases the water authority may only acquire an easement through the use of compulsory purchase.
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