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Ray materially misrepresented the facts to Joe. In order to preserve equity, the court will likely find an easement by estoppel. On the other hand, if Ray had offered access to the bridge and driveway after selling Joe the land, there may not be an easement by estoppel. In this instance, it is merely inconvenient if Ray revokes access to the ...
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.
Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
Estoppel by convention in English law (also known as estoppel by agreement) occurs where two parties negotiate or operate a contract but make a mistake. If they share an assumption, [37] belief, or understanding of the contract's interpretation or legal effect, then they are bound by it, if: [citation needed]
Perhaps the first owner of your house granted your neighbor access to a dock on your property in perpetuity, or the city has retained an easement to access power lines that run across the back ...
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.
Methods of the estoppel can be by words, by conduct, or by negligence. Estoppel by words, or representation by the original owner through words that he is the true owner or has the owner's authority to sell: Henderson & Co v Williams [1895] 1 QB 521; Shaw v Commissioner of Metropolitan Police [1987] 1 WLR 1332, following Henderson; Estoppel by ...
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".