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Easements; right for boating business agreed to be exclusive; whether an exclusive right of navigation enforceable against third parties (easement); competition law; exclusivity agreements Hill v Tupper (1863) is an English land law case which did not find an easement in a commercial agreement, in this case, related to boat hire.
An affirmative easement is the right to use another property for a specific purpose while a negative easement is the right to prevent another from performing an otherwise lawful activity on their own property. For example, an affirmative easement might allow land owner A to drive their cattle over the land of B. A has an affirmative easement ...
A solar easement is a right, expressed as an easement, restriction, covenant, or condition contained in any deed, contract, or other written instrument executed by or on behalf of any landowner for the purpose of assuring adequate access to direct sunlight for solar energy systems.
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Under Davis–Stirling, a developer of a common interest development is able to create a homeowner association (HOA) to govern the development. As part of creating the HOA, the developer records a document known as the Declaration of Covenants, Conditions, and Restrictions against the units or parcels within the HOA with the county recorder.
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.
A development easement is a legal agreement by which a landowner surrenders the right to develop a designated parcel of property. Some local and state governments have programs to acquire development easements from private landowners to prevent conversion of farmland to other uses.
Right to light is a form of easement in English law that gives a long-standing owner of a building with windows a right to maintain an adequate level of illumination. The right was traditionally known as the doctrine of " ancient lights ". [ 1 ]