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Implied easements are more complex and are determined by the courts based on the use of a property and the intention of the original parties, who can be private or public/government entities. Implied easements are not recorded or explicitly stated until a court decides a dispute, but reflect the practices and customs of use for a property.
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.
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.
'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 ...
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 ...
Second, an easement may also come about through an express assurance, triggering proprietary estoppel. This was the case in Crabb v Arun District Council, where a landowner acquired an easement after the council assured him they would leave him access to his land over theirs, when he sold another portion that gave the route in from the main road.
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.