Ads
related to: california easement by necessity
Search results
Results from the WOW.Com Content Network
An easement by necessity is distinguished from an easement by implication in that the easement by necessity arises only when "strictly necessary", whereas the easement by implication can arise when "reasonably necessary". Easement by necessity is a higher standard by which to imply an easement.
In Nollan v.California Coastal Commission, 483 U.S. 825 (1987), the United States Supreme Court ruled that a California Coastal Commission regulation which required private homeowners to dedicate a public easement along valuable beachfront property as a condition of approval for a construction permit to renovate their beach bungalow was unconstitutional.
When a structural encroachment is created intentionally, it is basically an easement in gross, and may be done by a permit to a government authority. [ 2 ] [ 3 ] A zoning law may also restrict an intentional structural encroachment.
An easement is a right of access that has been agreed-upon by the property owner, in writing, or mandated by a government decision. Perhaps the first owner of your house granted your neighbor ...
In Tennessee, there are two types of easement: implied and express easements. Implied easements are created without a contract and require necessity and prior use, as in the example of the ...
'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 ...
Ads
related to: california easement by necessity