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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.
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.
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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.
'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 ...
A structural encroachment is a concept in real property law, in which a piece of real property projects from one property over or under the property line of another landowner's premises. The actual structure that encroaches might be a tree, bush, bay window, stairway, steps, stoop, garage, leaning fence, part of a building, or other fixture.
The House Oversight Committee devolved into chaos on Tuesday after Rep. Nancy Mace, R-S.C., challenged Rep. Jasmine Crockett, D-Texas, to a fight. "If you wanna take it outside, we can do that ...