Implied Easement - Law Dictionary Search Results
implied easement
Matched in: Term implied easement
easement
Matched in: Term easement
Easement
Matched in: Term Easement
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Burial
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 … a parish, and ought to have separate burial in such a vault within the church, and such prescription implies that a faculty was originally obtained. The faculty, however, fails when the family cease to be parishioners. In
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, … grant a piece of ground in the middle of his field, he at the same time tacitly and impliedly gives a way to come to it, and the grantee may cross the grantor's land without being a
Contract for sale of land
STATUTE OF. If the contract is a simple, unconditional, or open contract for sale of land, it is implied that the vendor is to make a good title to the land for an estate in fee simple … to disclose the incumbrances, if any, material to the title on the land such as leases, mortgages, and easements, rights and defects of title which could not have been discovered by inspection of the property, Hardman v.
Notice
(2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity … OF PROPERTY ACT, 1925], or acquired after 1925, and if registrable, not registered; (3) restrictive covenants and equitable easements created before 1926; (4) estate contracts made before 1926, unless the benefit has been acquired after 1925 and
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 … 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
Peaceably
not defined in any Act, it is a subject of some judicial pronouncement. The prescriptive right of an easement can be acquired only when the user is inter alia nec vi, that is to say, without violence. … acquired only when the user is inter alia nec vi, that is to say, without violence. Therefore it implies the dominant owner has neither been obliged to resort to physical force himself at any time during the
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