Affirmative Easement - Law Dictionary Search Results

Home Dictionary Name: affirmative easement

affirmative easement

affirmative easement see easement ...

easement [Anglo-French esement, literally, benefit, convenience, from Old French aisement, from aisier to ease, assist] : an interest in land owned by another that entitles its holder to a specific limited use or enjoyment (as the right to cross the land or have a view continue unobstructed over it) see also dominant estate and servient estate at estate compare license, profit, right of way, servitude affirmative easement : an easement entitling a person to do something affecting the land of another that would constitute trespass or a nuisance if not for the easement compare negative easement in this entry apparent easement : an easement whose existence is detectable by its outward appearance (as by the presence of a water pipe) ap·pur·te·nant easement [ə-pərt-n-ənt-] : easement appurtenant in this entry common easement : an easement in which the owner of the land burdened by the easement retains the privilege of sharing the benefits of the easeme...

Easement

Easement, An easement is a right which the owner or occupier of certain land possesses, a such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own. [Easement Act, 1882 (5 of 1882), s. 4]Easement, a privilege without profit which the owner of one neighbouring tenement hath of another, existing in respect of their several tenements, by which the owner of the one (called the servient) tenement is obliged to suffer, or not to do something on his own land, for the advantage of the owner of the other (called the dominant) tenement, e.g., a right of way, a right of passage of water. It is the servitus of the Civil Law. An easement being a mere right without profit must be distinguished from a profit a prendre (q.v.), which confers a right to take something from the servient tenement. Instances of easements are rights of way, light, support, or fl...

Affirmation

Affirmation, a solemn declaration without oath; the being allowed to make it was an indulgence at first confined to the people called Quakers, and Moravians (9 Geo. 4, c. 32, s. 1; 3 & 4 Wm. 4, c. 49), and to Separatists (3 & 4 Wm. 4, c. 82), but was afterwards extended to all persons objecting to take an oath. See (English) Common Law Procedure Act, 1854 (17 & 18 Vict. c. 125), s. 20; 24 & 25 Vict. c. 66 (criminal proceedings); 30 & 31 Vict. c. 35, s. 8 (jurors); and particularly the (English) Evidence Amendment Act, 1869, s. 4 (extended to evidence before arbitrators and others by 33 & 34 Vict. c. 49, s. 1), under which persons having no religious belief were first allowed to affirm, the former statutes having applied only to persons prevented by a religious belief from swearing.The Act of 1869, however, did not apply to promissory oaths, e.g., to the oath directed by the Parliamentary Oaths Act, 1866, as amended by the Promissory Oaths Act, 1868, to be taken by Members of Parliament...

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Affirmative Easement - Law Dictionary Search Results