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There is also an unwritten form of easement referred to as an implied easement or easement by implication, arising from the original subdivision of the land for continuous and obvious use of the adjacent parcel (e.g., for access to a road, or to a source of water) such as the right of lot owners in a subdivision to use the roadway on the ...
What instruments are entitled to be recorded, usually deeds, mortgages (whether or not in the form of deeds of trust), leases (usually longer term varieties), easements, and court orders. There is generally added to these a catch-all category of "other instruments affecting the title to real estate".
An easement is a legal arrangement designating land for a specific use, and it isn’t typically a problem. Some properties have conservation easements, for example, which require property owners ...
Easements in English law are certain rights in English land law that a person has over another's land. Rights recognised as easements range from very widespread forms of rights of way, most rights to use service conduits such as telecommunications cables, power supply lines, supply pipes and drains, rights to use communal gardens and rights of light to more strained and novel forms.
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 ...
Real covenants and easements or equitable servitudes are similar [9] and in 1986, a symposium discussed whether the law of easements, equitable servitudes, and real covenants should be unified. [4] As time passes and the original promisee of the covenant is no longer involved in the land, enforcement may become lax. [10]
In property law, alienation is the voluntary act of an owner of some property to convey or transfer the property to another. [1] Alienability is the quality of being alienable, i.e., the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another.
The Law of Easements and Licenses in Land, Thomson Reuters/West (revised edition March 2010) (with Jon W. Bruce) The Guardian of Every Other Right: A Constitutional History of Property Rights, Oxford University Press (3rd ed. 2008, 2nd ed. 1998, 1st ed. 1992) Cases and Materials on Modern Property Law, Thomson/West (6th ed. 2007) (with Jon W ...