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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.
It is often referred to in the context of adverse possession and other land law issues. It is also relevant to the creation of easements whereby the law 'prescribes' an easement in the absence of a deed. In order for the law to do so the right of way or easement needs to have been enjoyed without force, without secrecy, and without permission ...
London and Blenheim Estates Ltd v Ladbroke Retail Parks Ltd [1993] 4 All ER 157 is an English land law case, concerning easements. It persuasively confirmed for one of the first times, obiter, that parking a car on land on its own could be the appropriate subject matter for an express easement. It established that an arrangement for a future ...
Dwyer owned a dominant estate that had an easement across a parcel owned by M.P.M. Builders that connected to a public road at several points. M.P.M. wanted to develop the lots, but the easement ran through the planned development. M.P.M. proposed to relocate the easement and create new connections to the public road.
Easements are legal agreements that grant specific usage rights to a third party, such as a utility company to access poles on your land or a neighbor to use a passageway. Understanding your ...
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.
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.
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.