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An easement by necessity is distinguished from an easement by implication in that the easement by necessity arises only when "strictly necessary", whereas the easement by implication can arise when "reasonably necessary". Easement by necessity is a higher standard by which to imply an easement.
Implied easements are created without a contract and require necessity and prior use, as in the example of the driveway above. Express easements are formed through a legal contract and are put ...
Wheeldon v Burrows (1879) LR 12 Ch D 31 is an English land law case confirming and governing a means of the implied grant or grants of easements — the implied grant of all continuous and apparent inchoate easements (quasi easements, that is they would be easements if the land were not before transfer in the unity of possession and title) to a transferee of part, unless expressly excluded.
Pwllbach Colliery Co Ltd v Woodman; Court: Court of Appeal: Citation [1915] AC 634: Keywords; Easements; landlord and tenant; tenant subject to those "existing" at time of grant; possible easement to create coal dust (a nuisance); whether common intention of landlord and tenant; whether coal screener generating dust necessary for mining to continue; whether implied easements for use in general ...
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
'Merger is the absorption of a lesser estate by a greater estate, and takes place when two distinct estates of greater and lesser rank meet in the same person or class of persons at the same time without any intermediate estate.' "[1] Similarly, a merger doctrine extinguishes an easement by necessity to a landlocked piece of property once that ...
Article 4 of the United States Constitution; Artificial person; ... Easement by necessity; Easement by prescription; Easement in gross; ... Implied warranty; Improved ...
The "polestar" of regulatory takings jurisprudence is Penn Central Transp. Co. v.New York City (1973). [3] In Penn Central, the Court denied a takings claim brought by the owner of Grand Central Terminal following refusal of the New York City Landmarks Preservation Commission to approve plans for construction of 50-story office building over Grand Central Terminal.