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The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
It is often referred to in the context of adverse possession and other land law issues. It is also relevant to the creation of easements whereby the law 'prescribes' an easement in the absence of a deed. In order for the law to do so the right of way or easement needs to have been enjoyed without force, without secrecy, and without permission ...
Easements in English law are certain rights in English land law that a person has over another's land. Rights recognised as easements range from very widespread forms of rights of way, most rights to use service conduits such as telecommunications cables, power supply lines, supply pipes and drains, rights to use communal gardens and rights of light to more strained and novel forms.
The following rights are recognized of an easement: Right to light, also called solar easement. The right to receive a minimum quantity of light in favour of a window or other aperture in a building which is primarily designed to admit light. Aviation easement. The right to use the airspace above a specified altitude for aviation purposes.
At civil law, ownership (dominium) (e.g. of land) is the only full real right whereas a servitude is a subordinate real right on par with wayleaves, real burdens (i.e. real covenants), security interests, and reservations. There are two types: [2] predial, attaching to property, and personal, attaching to a person.
An easement is a legal arrangement designating land for a specific use, and it isn’t typically a problem. Some properties have conservation easements, for example, which require property owners ...
General Land Office Easements (also known as "government land office easements," and "GLO easements") were legal mechanisms which created right of way to ensure future access through, and to the interior of, lots or parcels created by the U.S. Small Tract Act of 1938, (52 Stat. 609, amended 1948, 62 Stat. 476; Not to be confused with the much later "Small Tracts Act" of 2002 which is ...
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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