Common Easement - Law Dictionary Search Results
Prescription
in the enjoyment of it. For a long possession may be considered as a better title than can commonly be produced, as it supposes an acquiescence in all other claimants; and that acquiescence also supposes some reason … except by showing that the enjoyment was by some agreement in writing. (2) Claims to ways or 'other' easements or use of water are prima facie indefeasible after twenty years' uninterrupted enjoyment, and absolutely indefeasible after forty
Light
right to have the access of the sun's rays to one's windows free from any obstruction exists at Common Law (see DAMNUM ABSQUE INJURIA) but by virtue of the (English) Prescription Act, 1832 (2 & 3 Wm. … AC 425, and see Foster v. Lyons & Co., (1927) 1 Ch 219. Consult Goddard or Gale on Easements.
Way
s. 2, it is enacted that no claim by custom, prescription, or grant, to any way or other easement, or to any watercourse or the use of any water which has been enjoyed twenty years without interruption, … incorporeal hereditament. A highway is a public passage for the sovereign and all his subjects, and it is commonly called the king's public highway; and the turnpike roads, created and regulated by specific Acts of Parliament, have
Keep your definitions linked to case research
Profit a prendre
it be claimed by a fluctuating body such as the inhabitants of a place (Williams on Rights of Common, p. 194). See LAMMAS LANDS. A prescription in a que estate for a profit a prendre in alieno … transferred in the manner appropriate to the right, Welcome v. Upton, (1840) 6 M&W 536. Consult Gale on Easements, and Hall on Profits a Prende.
Burial
Burial. Burial in some part of the parish churchyard without payment is a Common Law right, but not burial in any particular part of it. In order to acquire a perfect right … B. & C. 288, it was held that an exclusive right of burial in a vault is an easement, and therefore cannot be granted by parol or by mere writing without a deed. Burial must not take
Uses
A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult … ss. 130 to 132 of the same Act; also s. 65 (reservations in lieu of grants of rent-charges, easements, etc.); s. 66 (confirmation of past transactions), and s. 4 (equivalence inequity of former legal estates). See LAW
Water and watercourse
right which a man has to the benefit of the flow of a river or stream, such right commonly referring to a stream passing through a man's own land, and the banks of which belong either to … only a temporary, transient, usufructuary property therein. Consult Coulson and Forbes on the Law of Waters, Gale on Easements, and Angell on Watercourse. 'Water' does not include the land on which it stands, unless perhaps in the
Tenant
is always used relatively, and as the relation to the sovereign is seldom called in question, it more commonly signifies one who holds of another subject, as (formerly) of the lord of a manor, or of a … (18 of 1976); (ii) any person to whom a licence as defined in s. 52 of the Indian Easements Act, 1882 (5 of 1882) has been granted. [Delhi Rent Act, 1995 (33 of 1995), s. 2(n)]
Access
1930 (21 Geo. 5, c. clviii.), s. 100 (1), (2). Access to the Sovereign, see PEER, HOUSE OF COMMONS or MEMBERS OF PARLIAMENT. With its grammatical variations and cognate expressions, means gaining entry into, instructing or communicating … And see Marshall v. Blackpool Corporation, (1924) 103 LJ KB 566. For access to light and air, see EASEMENTS. As to provision of access to roofs in the metropolis, see London Building Act, 1930 (21 Geo. 5,
prescription
the beginning, dictate, order; partly from Latin praescription- praescriptio order] 1 : acquisition of an interest (as an easement) in real property that is usually less than a fee by long-term, continuous, open, and hostile use and … subject to a liberative prescription of one year "Louisiana Civil Code"] NOTE: Liberative prescription is similar to the common-law statute of limitations. prescription of nonuse : the extinguishment or termination of a real right other than ownership
- ‹ Prev
- 1
- Next ›
Try the research workspace - 7 days free