Determinable Easement - Law Dictionary Search Results
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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...
prescription
prescription [partly from Middle French prescription establishment of a claim, from Late Latin praescription- praescriptio, from Latin, act of writing at the beginning, order, from praescribere to write at 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 possession as determined by the law of a jurisdiction [gained title by ] see also easement by prescription at easement compare adverse possession at possession 2 in the civil law of Louisiana a : the running of a period of time set by law after which a right is unenforceable in Louisiana courts but may be enforced in another state forum [an interruption of ] [by the of ten years] ;also : the bar to an action that results from prescription see also peremptory exception compare peremption b : the creation of a right by the running of a period of time...
Lease and licence
Lease and licence, if an interest in immovable property, entitling the transferor to enjoyment, is created, it is a lease; if permission to use land without right to exclusive possession is alone granted, a license is the legal result, Qudrat Ullah v. Municipal Board, Bareilly, AIR 1974 SC 396 (398): (1974) 1 SCC 202. (Transfer of Property Act, s. 105; Easements Act, s. 52)The difference between a 'lease' and 'licence' is to be determined by finding out the real intention of the parties as decipherable from a complete reading of the document, if any, executed between the parties and the surrounding circumstances. Only a right to use the property in a particular way or under certain terms given to the occupant while the owner retains the control or possession over the premises results in a licence being created; for the owner retains legal possession while all that the licensee gets is a permission to use the premises for a particular purpose or in a particular manner and but for the pe...
Water and watercourse
Water and watercourse. In the language of the law the term 'land' includes water, 2 Bl. Com. 18. An action cannot be brought to recover possession of a pool or other piece of water by the name of water only, but it must be brought for the land that lies at the bottom, e.g. 'twenty acres of land covered with water.'-Brownl. 142. See POOL. By granting a certain water, though the right of fishing passes, yet the soil does not. Water being a movable, wandering thing, there can be 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 case of salt pits or springs, where the interest of each owner is measured by builleries, ballaries or buckets of brine, Burt. Comp. pl. (550), and see Co. Litt. 4 b.The (English) Waterworks Clauses Act, 1847, and the Waterworks Clauses Act, 1863 (see Chitty's Statutes, tit. 'Water,' and...
Tenant
Tenant, embraces in itself, the heirs of the deceased called 'statutory tenants' as even after the determination of the tenancy continued to have an estate on the tenanted premises, which are heritable, Kasturi Lal v. Brimlal, 1986 Sim LJ 86.Tenant, includes a sub-tenant and self-cultivating lessee, but shall not include a present holder, Punjab Tenancy Act, 1887, ss. 5, 6, 7, 8; Punjab Settlement Manual, 1899, pp. 142.Tenant, is a word which standing by itself denotes in law 'one who holds lands by any kind of title whether for years or for life or in fee' and does not necessarily mean a lessee unless it is used in opposition to landlord, Ekambara Ayyar v. Meenatchi Ammal, 1904 ILR 27 Mad 401.Means a agriculturist who cultivates personally the land he holds on lease from the landlord and includes a person who is deemed to be a tenant, Racha Naika v. State of Karnataka, 1992 (3) Kant LJ 616.Means a person by whom its rent is payable, and on the tenant's death--(1) in the case of a resi...
Free-board, or freebord
Free-board, or freebord. The precise nature of free-board is not very clear, but it may be described as denoting certain rights enjoyed by the owner of an ancient park over a strip of ground, varying in width indifferent cases, running along the outside of the boundary fence. The right seems to be ofthe nature of a negative easement, its essence apparently consisting in the right of the owner of the park to have the strip kept free, open and unbuilt upon. Cowel (Law Dict.) has the following: 'Free-board, Francbordus, in some places they claim as a Free-bord, more or less ground beyond or without the fence. In Mon. Angl. 2 par. Fol. 241, it is said to contain two foot and a half.' He then quotes the passage from Dugdale, but inaccurately, the correct reading being as follows: Et totum boscum quod vocatur Brendewode, cum frankbordo duorum pedum et dimidium, per circuitum illius bosci, etc.; see Dugd. Mon., Edn. Caley Ellis & Bandinel, vol. vi. P. 375. Du Cange simply says, 'Francbordus A...
Person interested
Person interested, includes a person engaged in, or in promoting, research in the same field as that to which the invention relates. [Patents Act, 1970 (39 of 1970), s. 2(t)]The definition of the 'person interested' must be liberally construed so as to include a body, local authority, or a company for whose benefit the land is acquired and who is bound under an agreement to pay the compensation, Himalaya Tiles and Merbles (P) Ltd. v. Francis Victor Countinho, AIR 1980 SC 1118 (1120): (1980) 3 SCC 233: (1980) 3 SCR 235. [Land Acquisition Act, 1844, s. 18]The expression 'person interested' included all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land, General Government Servants Cooperative Housing Society Ltd. v. Wahaz Uddin, AIR 1981 SC 866 (867, 868): (1981) 2 SCC 352: (1981) 3 SCR 46.A person claiming interest in the ...
Property
Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...
Uses
Uses (History). 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 to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
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