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An abutter is a person (or entity) whose property is adjacent to the property of another. In jurisdictions such as Massachusetts, [1] New Hampshire, [2] and Nova Scotia, [3] [4] it is a defined legal term.
If the landowner owns everything beneath the ground on his property, he may convey to another party the rights to mineral deposits under the land and other things requiring excavation, such as easements for buried conduits or for water wells. However, such a conveyance requires the recipient to prevent any damage to the surface of the land ...
At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmae) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for the recovery of a term for years, and brought by a ...
An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes. [2] In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. [3]
It is a basic legal concept underlying the concepts of search and seizure, conveyancing of real property, burglary, trespass, self-defense, and land use planning. In urban properties, the location of the curtilage may be self-evident from the position of fences or walls.
The lack of any property interest removes the necessity and the easement. The doctrine of merger is used by municipal governments to treat adjacent lots in common ownership as a single lot for land-use and zoning purposes, such as two lots that are nonconforming due to sub-minimal size for development, but would have sufficient size if combined ...
For example, in Tennessee law, tax map boundaries can become property boundaries (notwithstanding a survey and deed to the contrary) merely by paying the taxes on the land for twenty years in the belief that it was part of the ownership, even if it encompasses adjacent gaps and gores. See adverse possession.
A profit can be appurtenant (owned by an adjacent landowner, and tied to the use of the adjacent land) or in gross. Appurtenant. An appurtenant profit may only be used by the owner of the adjacent property. A properly recorded profit will remain even if the ownership of the land upon which the profit exists changes hands.