The term 'easementary right' may seem peculiar to you, but let me tell you, not all real estate experts are familiar with the term. The normal course of a real estate transaction is usually focused on the buying or selling of a property, the related taxes, and other legal formalities. Easementary right is a privilege that's a mile apart from these transactions. The concept goes thus: a person who owns land doesn't just enjoy the rights to his or her land, but is also given a right over an adjacent property that's not under his or her possession.
How Do Easement Rights Arise?
The imposition, acquisition, and transfer of easement rights take place by:
Prescription, where rights are obtained by the incessant assertion of the right, open, and
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Example: When a kid uses someone's backyard as a quick route to reach the road, uninterrupted by the owners of the land, it creates a permanent right of way, essentially an easement
Grant, where easement rights are created via legal documents, recorded with the recorder of the deeds, and is commonly referred to as a written express grant of easement.
Necessity, when it is necessary to the reasonable use of land or property. However, necessity alone cannot stand as a sufficient claim; claims can be made if the transfer or partition necessitates it.
Essentials of An Easement
The existence of a dominant and servient property, where the dominant and the servient must be different persons
Accommodation of the dominant tenement in the easement
Possession of easementary rights for beneficial enjoyment of the dominant tenement
The easementary right should entitle the dominant owner to do and continue to do something, or prevent and continue to prevent something being done, in or upon, or in respect of servient treatment
The 'something done' should be capable of forming the subject matter of a grant.
Quick Know-Hows
Easement rights are backed by the law and have several conditions attached to it. Getting acquainted with these basic know-hows can prove
The Land Reform Act of 1967 permitted the state of Hawaii to redistribute land by condemning and acquiring private property from landlords (the lessors) in order to sell it to another private owner, in this case, their tenants (the lessees). The Hawaii State Legislature passed the Land Reform Act after discovering that nearly forty-seven percent (47%) of the state was owned by only seventy-two (72) private land owners. That meant that only forty-nine percent of Hawaii was owned by the State and Federal Govermnet.The contested statute gave lessees of single family homes the right to invoke the government's power of eminent domain to purchase the property that they leased, even if the landowner objected. The challengers of the statue (the land owners) claimed that such a condemnation was not a taking for public use because the property, once condemned by the state, was promptly turned over to the lessee (a private ...
To stimulate growth inland, the Homestead Act was initiated. Many traveled overland by horse and wagon on rutted trails and grassland to find a plot of 160 acres of undeveloped land. They were granted title to the land if they “improved” the plot by building a dwelling and cultivating the land. After five years on the land, farmers were entitled to the property, free and clear.
A freehold covenant is a promise or an obligation made by a land owner to another regarding the use of the land. It is a type of contract within the doctrine of privity and usually the rights and obligations it creates normally bind those that are contracted to it and no one else. A covenant is usually made by deed. A “restrictive covenant” to which the doctrine of (Tulk v Moxhay)1 applies does not need to be created by a deed; it can include “a mere agreement and no covenant”. They are used to preserve some rights of enjoyment or to keep a building or a particular group of buildings to be preserved and kept in a particular way, for example, no erected satellite dishes or fences around the front of the building.
Fundamentally its object is to protect a person in actual occupation of land from having his rights lost in the welter of registration. He can stay there and do nothing. Yet he will be protected. No one can buy the land over his head and thereby take away or diminish his rights. It is up to every purchaser before he buys to make inquiry on the premises. If he fails to do so, it is at his own risk. He must take subject to whatever rights the occupier may have.
people have been living there for a for a long time and he does not want the
Property rights can be found in the oldest laws written, and equate the expectation of use or profit to some payment from the very beginning. Modern property rights can be said to begin with the transition from ownership by entities as being the primary form of property right, to the theory that property rights are to promote th... ... middle of paper ... ... operty’ in the case of Goldberg v. Kelly to be protected. This shows the state evolving in order to protect the citizen’s rights.
Much credit was given to Congressman Justin Morrill for his role in the passage of the act, because of his political influence to get the bill passed. Yet, according to the author, when one explores the history of land grants, little is mentioned about Jonathan Turner as being the first to introduce the idea of land grants. In his speech, “The Origin of the Land Grant Act of 1862” University of Illinois President Edmond J. James indicated that Turner deserved more accolades in his contribution of laying the ground work and should be recognized for his hard work. Moreover, the individuals who were responsible for teaching students about the history of land grants and the passing of the Morrill Act of 1862 were not fully enlightened about the matter
On May 20th of 1862, President Abraham Lincoln signed, and put into effect, the Homestead Act of 1862. The Homestead Act opened up more than half a million square miles in the Western half the the United States during the Civil War. The Homestead Act was a major turning point in American History. It was a huge milestone for American history because its consequences included implications during the Civil War, but also paved the way for westward expansion within the United States.
I THESIS STATEMENT The Homestead Act of 1862 made surveyed lands obtainable to homesteaders. The act stated that men and women over the age of 21, unmarried women who were head of households and married men under the age of 21, who did not own over 160 acres of land anywhere, were citizens or intended on becoming citizens of the United States, were eligible to homestead. This paper will show how the Homestead Act came to be enacted, who the homesteaders were, and the effects of the Homestead Act on the pioneers. II.
It is not the job of the property owners to say who can and cannot buy property in their neighborhood or community as that is a violation of the Fourteenth Amendment.
... that Constitution never expressly gave the country a right to acquire new land, so the government did not have the right to acquire territory” (Allard par. 68).
apartments in certain areas of a city. The goal is usually to protect the rights
The expansion of the United States is such a vital part of American history, yet some often forget how it all happened. Many thriving settlers were given an extraordinary opportunity starting on January 1, 1863 that would end up laying the floor work for many Midwestern and Western citizens today. The rights and responsibilities to live on and maintain 160 acres of land may seem like a lot to take in for a student learning about an Act about land from the 1860s. However, think about all the people the Homestead Act of 1862 affected. There was a lot of pressure on the original homesteaders to make good use of their newfound land, the government was giving out land that wasn’t exactly theirs, and the Native American would have some their rights stolen.
It also arises when an owner ignores the rights of another person with an interest in that same property. Proprietary estoppel is a legal principle which prevents someone, who has led another to believe in a particular state of affairs, from illegally going back on the words which led to their belief. It arose in the case of Dillwyn v Llewelyn (1862), where a son spent £14,000 on building a house on the land with his father approval and promise that he would be in charge of that land but later found out that his father did not leave the property to him in his will. Lord Westbury held that the freehold in the land had been transferred to the son. However, four elements must be proved in order to claim for proprietary estoppel, which are : a) An assurance, b) Reliance on that assurance, c) Detriment, d) Unconscionability.
One of the special concepts in land law is of overriding interests. The standard practice in the English land law is all the interest and rights affecting or is binding over particular a land should be registered in the Register. However, the concept of overriding interest denotes that there are interests which are binding on the owner (the registered proprietor) regardless of not being formally registered. It was introduced because in that era it was though that it would be unreasonable and unjust to overlook such rights and interest enjoyed. Overriding interests need not be registration to bind the legal owner of the land. Therefore, if the land is sold to another person the interests and rights would not be lost. It can be said that overriding by nature are unregistered if they are registered they will cease to be an overriding interest.