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For example, if a servient tenement (estate) holder were to erect a fence blocking a legally deeded right-of-way easement, the dominant tenement holder would have to act to defend their easement rights during the statutory period or the easement might cease to have legal force, even though it would remain a deeded document.
At the federal level in the United States, legislation (i.e., "statutes" or "statutory law") consists exclusively of Acts passed by the Congress of the United States and its predecessor, the Continental Congress, that were either signed into law by the President or passed by Congress after a presidential veto.
The United States Code (formally the Code of Laws of the United States of America) [1] is the official codification of the general and permanent federal statutes of the United States. [2] It contains 53 titles, which are organized into numbered sections.
A dominant estate (or dominant premises or dominant tenement) is the parcel of real property that has an easement over another piece of property (the servient estate).The type of easement involved may be an appurtenant easement that benefits another parcel of land, or an easement appurtenant, that benefits a person or entity.
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.
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 ...
A right to light can also be granted expressly by deed, or granted implicitly, for example under the rule in Wheeldon v. Burrows (1879). In England, the rights to ancient lights are most usually acquired under the Prescription Act 1832. In American common law the doctrine died out during the 19th century, and is generally no longer recognized.
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