PROBLEM SOLVING: EASEMENTS
|
|
- Ann Robertson
- 5 years ago
- Views:
Transcription
1 PROBLEM SOLVING: EASEMENTS Step 1 Write heading Parties/Interests Party name is the registered proprietor of the property (hereafter the property ). Party name is claiming an easement over the neighbouring property (hereafter the neighbours land ). An easement is a property interest that confers a limited right over land in the possession of another. To claim an easement it must be established and it must not be extinguished. Step 2 Write heading Category of easement Write: The interest would be categorised as an easement of way / service easement o Easement of way = allows access to the dominant land by foot or by vehicle depending upon the terms or basis upon which the easement is created; and o Service easements = generally which includes drainage and sewerage easements and also easement for services such as telephone and electricity Write: It is a positive / negative easement that is would be a. Refer to types of easements o Positive easements = gives the owner of the dominant tenement the right to do something on neighbour s land i.e. walking over it or running a drainage o Negative easements = prevents the occupier of the servient tenement from doing certain things. e.g. easement of light Types: Rights to light and air: Commonwealth v Registrar of Titles (Vic) (1918) 24 CLR 348 Rights of support a building on land: Dalton v Angus (1881) 6 App CAS 740 o Not a right of support of one s own land from one s neighbour s land Party walls: Richards v Rose (1853) 9 Exch 218 Fencing Easements: Crow v Wood [1971] 1 QB however the obligation to fence, akin to an easement is now largely covered by legislation: Fences Act 1968 (Vic) Right to park cars: London & Blenbeim Estates Ltd v Ladbroke Retail Parks Ltd [1994] 1 WLR 31 Right to enter a neighbour s land to use a toilet located there: Hedley v Roberts [1977] VR 282 Right to enter on land for the purposes of maintaining an external wall and fixtures on the wall: Beck v Auerbach (1986) 6 NSWLR 454 Right of access to air to a defined aperture: Cable v Bryant [1908] Right to cause a nuisance on the servient tenement, for instance by noise: Re State Electricity Commission of Victoria and Joshua s Contract [1940] VLR 121 Right to cause a nuisance on the servient tenement, for instance deposit noxious waste on it: Pwllbach Colliery Co Ltd v Woodman [1915] AC 634 1
2 Right to use an airfield for testing aeroplanes: Dowtry Bolton Paul Ltd v Wolverhampton Corporation (No 2) [1976] Ch 13 Right to bring goods through the doorway of an adjacent shop: Wilcox v Richardson (1997) 43 NSWLR 4 Holder of the dominant tenement has ancillary rights to ensure enjoyment of the easement, such as the right to repair pathways and pipes: Jones v Pritchard [1908] 1 Ch 630 The category of easement is not closed: Commonwealth v Registrar of Titles (Vic) (1918) 24 CLR 348 NON types of easements: an easement is not a right to take any part of its natural produce of the land or its soil Rights to a view or prospect: Aldred s Case (1610) Co Rep 57b Right to hit cricket balls onto neighbouring property: Miller v Jackson [1977] QB 966 Rights amount to possession of the servient tenement Right to uninterrupted radio or television reception is not capable of being easement: Hunter v Canary Wharf Ltd [1997] AC 655 Right to privacy: Browne v Flower 1 Ch 219 Right to protection from the weather: Phipps v Pears [1965] 1 QB 76 it was held a covenant would be more appropriate Step 2 Write heading Establishing Easements (as per Re Ellenborough Park [1956] Ch 131; [1955] 3 WLR 892) Note: A right cannot be an easement if it amounts to possession of any part of the servient tenement. A right to possession must be an estate or native title 1. Must be a dominant and servient tenement a. Servient gives the right and dominant has the benefit b. Servient is the way that grants the land 2. Servient tenement must accommodate (benefit) dominant a. connected with the normal enjoyment of the dominant tenement this is primarily one of fact i. Clos Farming Estates v Easton (2002) 11 BPR (not accommodating = easement for vineyard) which entitled the plaintiff to grow and harvest grapes the claim failed because it did not enhance the use and enjoyment of the plaintiff s land in any meaningful way it did not accommodate the land it could have been obtained by means of a licence or lease ii. Moody v Stogges (1829) 12 Ch D 261 (accommodating business use) the P affixed a sign for his pub on the D s wall the D argued that the easement did not relate to the tenement 2
3 this argument failed as the occupant only uses the house for the business thus it is more or less connected with the mode in which the occupant of the house uses Note: Land benefitted by an easement is called the dominant tenement. The benefit to the dominant tenement is called accommodation 3. Dominant & servient tenement owned and occupied by different people a. The easement will be extinguished if a person purchases two parcels of land that contain an easement b. will not be extinguished if a landlord lease the land to the tenant despite owning the two parcels of land c. If a person owns two parcels of land and sells it the owner must revive the easement it will not automatically be revived 4. Rights capable of forming subject matter of grant. Easements cannot be passed by possession, because they do not physically exist they can only pass through grants a. the right must be a "right of utility and benefit", and not merely for recreation or amusement Re Ellenborough Park [1956] 1 Ch 131 b. Too vague or wide: if expressed too vague then not easement i. Re Ellenborough & Clos states that if too broad not easement c. Cannot amount to grant exclusive possession or use? does it interfere with the servient tenement s land? Re Ellenborough i. If the rights amounts to joint occupation then it is not a right that forms the subject of a grants ii. the right cannot have the effect of using the whole of servient tenement to the exclusion of the servient tenement s owner 1. allows some exclusive possession of parts of the servient property: Ryan v Sutherland [2011] 16 BPR 30,101 ASK, whether the rights of the easement holder, that gives some exclusive possession impede the reasonable use of the servient as a whole? iii. As part of this discussion look at the types of easements that have been listed above and if they do not fit in them then reason by analogy that it is similar to one of them 5. Conclusion On this basis, an easement is / is not established. If it is not established then only a personal right can be created i.e. right in personam ONCE ESTABLISHED STATE WHERE IT ORIGINATED Step 3 Write heading Creation of easements 3
4 1) By statute a. Typically through a subdivision as per Subdivision Act 1988 (Vic) 2) By express grant (create) / reservation (reserve) Legal easements a. This can be done by registration of an instrument as per s 65 TLA b. As part of a transaction or separately by itself s 72 TLA allows registrar to make any recording of an easement over or upon by any deed other written document i.e. contract of deed Equitable easements c. Specifically enforceable contract Walsh v Lonsdale (1882) 21 Ch D 9 equity will recognise even though s 126 or a contract that is specifically formed d. Estoppel the representation would have to be more than permission it would have to be right Waltons Stores (Interstate) Ltd v Maher HCA (1988) 164 CLR 387 3) By prescription: the claimant must show that he or she exercised the use as though entitled to do so as an incident of ownership of the dominant land otherwise there is no basis in presuming a lost grant: Delahey v Permanent Trustee a. Used as of right : i. the right to have been exercised nec vi (without force), ii. nec clam (without secrecy); and iii. nec precario (without permission); and iv. but with the servient tenement s acquiescence (must have known) before a title by prescription can arise - Dalton v Angus & Co (1881) 6 App Case 740 it was argued that the right of support had been used secretly but rejected because the owner had the means of ascertaining that his land was being used to support the building on the dominant tenement b. Each party must hold land in fee simple NOT leasehold interest c. Enjoyed or used continuously for 20 years then a presumption arises that there was a grant by the owner of the servient tenement to the owner of the dominant tenement - it is an irrebuttable presumption by proof that was no express grant that ever existed, the only exception would be if the servient tenement did not have capacity to grant i.e. child or only had life estate (time continues even though proprietors change but would need to give evidence from previous owners) d. Cannot be an easement of light by prescription - PLA ss 195 & 196 Note: after twenty years you can register an easement by prescription as per TLA s 72 need to get an order from court 4
5 Step 4 Write heading Extinguishment of easement 1. Express release: a. Not registered: a declaration by the person who had the benefit of it declaring they no longer want it (it is advisable to include a nominal consideration so that it can be a specifically enforceable contract) b. Registered: in the approved form to obtain a removal from register - s 73 TLA 2. Dominant & servient tenement becoming owned and occupied by the same person 3. Abandoned: the owner of the dominant tenement formed the intention to never at anytime there after assert the right himself or attempt to transmit it a. the mere fact that an easement has not been used is not conclusive evidence Treweeke v 36 Wolseley Road Pty Ltd ( ) 128 CLR 274 b. However, if non-use is for a very long duration (20-30 years+) it may infer an intention: Treweeke v 36 Wolseley Road Pty Ltd ( ) 128 CLR 274 c. Note: every time the owner of the dominant tenement changes then the 30 year timeframe is extinguished deriving from indefeasibility: Riley v Penttila [1974] VR 547 at d. Note: where it is proved to the Registrar that an easement has not been used or enjoyed for a period no less than thirty years shall constitute sufficient evidence that easement has been abandoned s 73(3) TLA BUT according to Shelmerdine & Anor v Ringen Pty Ltd & Anor [1993] 1 VR 315 it does not compel the Registrar to remove if there is any evidence of non-abandonment despite thirty years of nonuse 4. Statutory extinguishment (not expected to know this in the subject) 5. Court orders (not expected to know this in the subject) 6. Alteration to dominant tenement so extensive as to constitute excessive use (not expected to know this in the subject) Step Consider Other Easement (if an easement is not established and/or extinguished) A. Statutory easements a. Water Act 1989 (Vic) s 287Q - If a transferee acquires any right in the nature of an easement, or purporting to be an easement, as a result of an allocation under this Part, that right must be taken to be an easement even though there is no land vested in the transferee which is benefited or capable of being benefited by that right. B. Profits à prendre 5
6 a. A right to enter another person s land and take from it part of its soil, minerals, natural produce or wild animals b. May be an exclusive or a shared right c. Can exist in gross or be appurtenant d. May be granted in perpetuity or for a limited time C. Restrictive covenants a. Dominant and servient tenements b. Restrictive covenant on servient tenement must benefit dominant tenement c. Pieces of land must be owned by different people d. Must be a negative restriction on owner s use of land e. Binds successors in title (see PLA s 78) but only with notice of the covenant f. Wider availability than negative easements g. Can only be created by express agreement h. Can be recorded on register (TLA s 88) Write heading Conclusion Easements run with the land. This means that if land is burdened by an easement then it is transferred and the obligation imposed by the easement continues to be enforceable and binds each new owner for so long as their ownership of the land endures. On this basis an easement has been established and extinguished / not extinguished. 6
An easement is an incorporeal hereditament, an interest which does not give the owner right to physical possession.
Easement An easement is a right which the owner of land (known as dominant tenement) has over another land (servient tenement) to compel the owner of servient tenement to allow something to be done on
More informationEasements, Covenants and Profits à Prendre Executive Summary
Easements, Covenants and Profits à Prendre Executive Summary Consultation Paper No 186 (Summary) 28 March 2008 EASEMENTS, COVENANTS AND PROFITS À PRENDRE: A CONSULTATION PAPER EXECUTIVE SUMMARY 1.1 This
More informationReal Property Law Notes
Real Property Law Notes PART I: THE CREATION AND ACQUISITION OF PROPERTY INTERESTS IN LAND... 3 1 An Introduction to Real Property Law... 3 2 An Introduction to the Torrens System of Land Title... 3 2.1
More informationLEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JANUARY 2012
Note to Candidates and Tutors: LEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JANUARY 2012 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationSubstantive requirements of the easement What are the bundle must the grantor intended to invest in the grantee for the easement to be created?
Two types of easements Positive easements o Concept: A positive easement allows the owner of the dominant land the right to do something on the servient land Examples: the right to enter into the land
More informationLEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JUNE 2010
Note to Candidates and Tutors: LEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JUNE 2010 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students should
More informationPrinciples of Property Law: Exam Notes Trimester 2, 2016
Principles of Property Law: Exam Notes Trimester 2, 2016 Concepts of Property 4 Property rights v Contractual rights 4 Recognition of New Property Types 5 Classification of Property 6 Doctrine of Fixtures
More informationLEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JANUARY 2013
Note to Candidates and Tutors: LEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JANUARY 2013 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationLEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JANUARY 2017
Note to Candidates and Tutors: LEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JANUARY 2017 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationPROPERTY LAW SUMMARY LAWSKOOL.CO.UK LAWSKOOL PTY LTD
PROPERTY LAW SUMMARY LAWSKOOL.CO.UK LAWSKOOL PTY LTD CONTENTS DEFINITIONS OF PROPERTY 4 BASIC DEFINITION OF PROPERTY 4 PROPERTY ABOVE LAND 4 Higher stratum of airspace 4 Lower stratum of airspace 4 Guidelines
More informationLAING: On land law. 1. Licences:
LAING: On land law. Topics: 1. Licences 2. Leasehold Interests 3. Strata Title 4. Native Title 5. Boundaries 6. Easements 7. Mortgages 8. Co-ownership 9. Covenants 1. Licences: Licence: 1. A permission,
More informationTorres Title I: Indefeasibility and Exceptions Chapter 7: Mortgages... 18
TABLE OF CONTENTS Torrens Title: Unregistered Interests Under Torrens System... 3 Characterising unregistered interests... 3 The operation of caveats... 4 The distinction between unregistered legal and
More informationPREVENTING THE ACQUISITION OF A RIGHT OF LIGHT BY A CONSENT WITHIN SECTION 3 PRESCRIPTION ACT 1832 HOW CAN IT BE DONE AND WHAT PITFALLS ARE THERE?
PREVENTING THE ACQUISITION OF A RIGHT OF LIGHT BY A CONSENT WITHIN SECTION 3 PRESCRIPTION ACT 1832 HOW CAN IT BE DONE AND WHAT PITFALLS ARE THERE? By Andrew Francis, Barrister Serle Court, 6 New Square,
More informationWHEN IS A LANEWAY A PUBLIC HIGHWAY?
WHEN IS A LANEWAY A PUBLIC HIGHWAY? Author: Julie Davis Date: 1 September, 2016 Copyright 2016 This work is copyright. Apart from any permitted use under the Copyright Act 1968, no part may be reproduced
More informationUNIT 4 - LAND LAW SUGGESTED ANSWERS JANUARY 2010
UNIT 4 - LAND LAW SUGGESTED ANSWERS JANUARY 2010 Note to Candidates and Tutors: The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students should
More informationProperty Law exam notes
Property Law exam notes Ordinary claim skeleton To weave in authority (case and legislation): is authority for the proposition that. In these circumstances therefore. is authority that there is justification
More informationLEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JUNE 2012
Note to Candidates and Tutors: LEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JUNE 2012 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students should
More informationLesson 5: Encumbrances. Encumbrances. Real Estate Principles of Georgia. Encumbrances. Financial vs. Non-financial
Real Estate Principles of Georgia Lesson 5: Encumbrances 1 of 64 105 Encumbrances Encumbrance: A nonpossessory interest in real property held by someone other than the owner. Does not give ownership or
More informationHong Kong Bar Association's comments on Land Titles Ordinance Draft Amendment Bill ( version)
Hong Kong Bar Association's comments on Land Titles Ordinance Draft Amendment Bill (16-6-06 version) Introduction The Bar refers to the letter dated 10 th July 2006 from the Land Registrar whereby the
More informationLAWS2383 Land Law Notes
LAWS2383 Land Law Notes Native title and Crown grants... 4 Determinable and conditional interests... 4 Legal future interests... 4 Fundamental concepts... 5 Recognised property rights... 5 Contracts and
More informationA Deep Dive into Easements
A Deep Dive into Easements Diane B. Davies, John A. Lovett, James C. Smith I. Introduction Easements are ubiquitous in the United States. They serve an invaluable function. They allow persons and property
More information(a) who the persons, or each group of persons, holding the common or group rights comprising the native title are; and
Native Title History! Despite the international recognition of Indigenous or native people in other sovereign countries! Australia s common law system did not formally recognise native right like it does
More informationInsuring Easements Prepared By: Stewart J. Skip Sacks, Virginia State Counsel Stewart Title Guaranty Company
Insuring Easements Prepared By: Stewart J. Skip Sacks, Virginia State Counsel Stewart Title Guaranty Company I. Overview of Easements (10 min) A. Definition An Easement is an interest in land owned by
More informationLEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS - JANUARY 2015
Note to Candidates and Tutors: LEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS - JANUARY 2015 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationPriorities of Interests in Registered Land. Kester Lees Falcon Chambers
Priorities of Interests in Registered Land Kester Lees Falcon Chambers OVERVIEW This seminar will cover: 1. How to protect an interest on the Register of Title. 2. The rules under Land Registration Act
More informationLEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS - JANUARY 2016
Note to Candidates and Tuts: LEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS - JANUARY 2016 The purpose of the suggested answers is to provide students and tuts with guidance as to the key points students
More informationRegistration of fishing rights
Registration of fishing rights Fact sheet 7 Registration of fishing rights Since 2003 it has been possible to register fishing rights separately from ownership of the land to which they are connected.
More informationMaking Land Work: Easements, Covenants and Profits à Prendre Executive Summary
Making Land Work: Easements, Covenants and Profits à Prendre Executive Summary Law Com No 327 (Summary) 8 June 2011 MAKING LAND WORK: THE LAW COMMISSION S RECOMMENDATIONS ON EASEMENTS, COVENANTS AND PROFITS
More informationCITATION: Sertari Pty Ltd v Nirimba Developments Pty Ltd [2007] NSWCA 324
NEW SOUTH WALES COURT OF APPEAL CITATION: Sertari Pty Ltd v Nirimba Developments Pty Ltd [2007] NSWCA 324 FILE NUMBER(S): 40202 of 2007 HEARING DATE(S): 30 July 2007 JUDGMENT DATE: 15 November 2007 PARTIES:
More informationPERPETUITY ACT. Published by Quickscribe Services Ltd.
PDF Version [Printer-friendly - ideal for printing entire document] PERPETUITY ACT Published by Quickscribe Services Ltd. Updated To: [includes 2016 Bill 18, c. 5 amendments (effective March 10, 2016)]
More informationIntroduction to Leases:
Introduction to Leases: Essential Fundamentals for Searching and Examining Leasehold Estates Presented by Mel Platt Vice-President & Sr. Commercial Underwriter Commonwealth Land Title Insurance Company
More informationHSBC plc v Dyche, HSBC plc v Collelldevall [2009] EWHC 2954 High Court
UNLOCKING LAND LAW Update August 2011 Thompson v Foy [2010] 1 P & CR 16 High Court Issues: Actual occupation; priority under Land Registration Act 2002; undue influence and proprietary estoppel Facts:
More informationTHE STATUTES OF THE REPUBLIC OF SINGAPORE LAND TITLES (STRATA) ACT (CHAPTER 158)
THE STATUTES OF THE REPUBLIC OF SINGAPORE LAND TITLES (STRATA) ACT (CHAPTER 158) (Original Enactment: Act 41 of 1967) REVISED EDITION 2009 (31st July 2009) Prepared and Published by THE LAW REVISION COMMISSION
More informationTopic 10 Covenants. What is a covenant?
Topic 10 Covenants What is a covenant? Promises in a deed when you sell land Contractual rights and obligations that relate to land and bind the parties to act in a certain way towards the land Positive
More informationThe learner can: 1.1 Distinguish between real property and personal property. 1.2 Explain what is meant by Land
Unit 4 Title: Land Law Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand what is meant by Land 2 Understand what will be purchased in a Land transaction Assessment criteria The
More informationREAL PROPERTY INTERESTS
REAL PROPERTY INTERESTS Real and Personal Property In most instances the surveyor's concern of differences between real and personal property is of minimal interest, but to his client these differences
More informationDUBLIN SOLICITORS CPD 26 TH March 2015 THE LAND AND CONVEYANCING LAW REFROM ACT 2009 IMPACT FOR CONVEYANCING PRACTITIONERS
DUBLIN SOLICITORS CPD 26 TH March 2015 THE LAND AND CONVEYANCING LAW REFROM ACT 2009 IMPACT FOR CONVEYANCING PRACTITIONERS Codification and Simplification were the key aims behind the Act. The Act removed
More informationPROPERTY LAW SUMMARY 2011
SUMMARY 2011 LAWSKOOL PTY LTD CONTENTS HOW DOES THE LAW DEFINE PROPERTY 5 What can be considered property 5 The rights of property 6 The Distinction between PERSONAL and REAL property 7 Real property 7
More informationTitle goes here. Application to Register an Easement/ Profit-à-Prendre Acquired by Prescription.
Application to Register an Easement/ Profit-à-Prendre Acquired by Prescription. eamonn.morris@prai.ie Topics 1. Characteristics of an Easement. 2. Acquisition of an Easement. 3. Prescription Law Timeline.
More informationProperty, Servitudes/Easements- pp November 6, 2006 Crusto s Socratic Dialogue. 1. Please provide an Analytical Overview of the Topic.
Property, Servitudes/Easements- pp. 667-677 November 6, 2006 Crusto s Socratic Dialogue 1. Please provide an Analytical Overview of the Topic. This is the last topic we will cover for the semester: the
More informationPlease note that this is the only official copy we will issue. We will not issue a paper official copy.
The electronic official copy of the register follows this message. Please note that this is the only official copy we will issue. We will not issue a paper official copy. Edition date 22.08.2006 This official
More informationYour guide to application for a vesting order based on title by adverse possession
Your guide to application for a vesting order based on title by adverse possession The following is a general guide only to the procedures to follow when applying for ownership of a parcel of land by means
More informationSTEP Land Registration Rules 2012 and Transmissions on Death, Trusts in Land and Prescriptive Easements
STEP Land Registration Rules 2012 and Transmissions on Death, Trusts in Land and Prescriptive Easements John Murphy Examiner of Titles Property Registration Authority 27 th February 2013 Introduction Land
More informationTommy, as an unregistered party, must have an equitable interest in the property to claim ownership.
PROPERTY EXAM SEMESTER 2012 Question 2 Tommy, as an unregistered party, must have an equitable interest in the property to claim ownership. Eddie, as the beneficiary of Anna s will, had an unregistered
More information12--Can Property Owners Be Bound by Unrecorded Restrictions, Rights, and Obligations?
12--Can Property Owners Be Bound by Unrecorded Restrictions, Rights, and Obligations? A property may be restricted by unrecorded equitable servitudes. An equitable servitude is an enforceable restriction
More informationRESTRICTIVE COVENANT THIS RESTRICTIVE COENANT MADE THE DAY OF, 2017.
Neighbourhood: Stage: BERM AND FENCE RESTRICTIVE COVENANT THIS RESTRICTIVE COENANT MADE THE DAY OF, 2017. BETWEEN: Developer s Name a body corporate carrying on business in the City of Edmonton, in the
More informationSERVITUDES OVER IMMOVABLE PROPERTY AND THEIR IMPLICATIONS
SERVITUDES OVER IMMOVABLE PROPERTY AND THEIR IMPLICATIONS Presented by Meumann White Attorneys SERVITUDES OVER IMMOVABLE PROPERTY AND THEIR IMPLICATIONS A Servitude is a limited real right in terms of
More information~ Indiana ~ Easements and Rights of Way ~ ~ ~ IRWA Chapter 10 Annual Law Day. Indianapolis, Indiana. October 18, Presented by Gary R.
~ Indiana ~ Easements and Rights of Way ~ ~ ~ IRWA Chapter 10 Annual Law Day Indianapolis, Indiana October 18, 2017 Presented by Gary R. Kent, PS EASEMENT A limited, nonpossessory interest in the land
More informationINCOME TAX DATE OF ACQUISITION OF LAND, AND START DATE FOR 2-YEAR BRIGHT-LINE TEST
QUESTION WE VE BEEN ASKED QB 17/02 INCOME TAX DATE OF ACQUISITION OF LAND, AND START DATE FOR 2-YEAR BRIGHT-LINE TEST All legislative references are to the Income Tax Act 2007 (the Act) unless otherwise
More informationEASEMENT AGREEMENT dated for reference February 15, 2006
Between: EASEMENT AGREEMENT dated for reference February 15, 2006 Owner of the Servient Tenement incorporated pursuant to the laws of the Province of Alberta, ("Servient Owner") and Owner of the Dominant
More informationPLEASE DO NOT REMOVE THIS QUESTION BOOKLET FROM THE EXAM ROOM. PROPERTY: SAMPLE OBJECTIVE QUESTIONS. Professor Donahue. Date. Time
Exam Identification Number: PLEASE DO NOT REMOVE THIS QUESTION BOOKLET FROM THE EXAM ROOM. PROPERTY: SAMPLE OBJECTIVE QUESTIONS Professor Donahue Date Time PART I [I mocked this up to make it look as much
More informationREAL PROPERTY: LIMITATION OF ACTIONS
REAL PROPERTY: LIMITATION OF ACTIONS ISBN 983-3519-01-6 Author: Nasser Hamid Binding: Softcover/Extent: 580 pp Publication Price: MYR 150.00 The law is stated as of December 31, 2005 Chapter 1 LIMITATION
More informationSERVITUDE RIGHTS REQUIRE REGISTRATION
SERVITUDE RIGHTS REQUIRE REGISTRATION Troskie and Another v Liquidator of RSD Construction CC Wilbecar Liquidators CC t/a Bureau Trust Gauteng RSD Construction CC and Others (71322/2010) [2015] ZAGPPHC
More informationpayment, interest or annuity secured or any part thereof or performance or observance of any covenant expressed in any Mortgage or Charge 1
A Mortgagees Remedies Following Default of a Mortgagor G&G A Mortgagee, also known as the lender, has several statutory remedies. These remedies are embodied in the Registration of Titles Act (RTA) of
More informationCOURT OF QUEEN S BENCH OF MANITOBA
Date: 20181127 Docket: CI 18-01-13499 (Winnipeg Centre) Indexed as: Klimack et al. v. Kroeker et al. Cited as: 2018 MBQB 180 COURT OF QUEEN S BENCH OF MANITOBA BETWEEN: ) APPEARANCES: ) ALLEN RICHARD KLIMACK
More informationBuild Over Easement Guidelines
Build Over Easement Guidelines Document Owner Creation Date 13/04/2015 Revision Date 20/04/2015 Manager Engineering Services Engineering Services Please check Council s Intranet to ensure this is the latest
More informationANALYSIS. 1961, No. 9. BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
148 Land Transfer Amendment 1961, No. 9 Title 1. Short Title 2. Registrar to keep register 3. New sections as to transfers, easements, and profits a prendre substituted 90. Transfer by registered proprietor
More informationAnswer A to Question 5
Answer A to Question 5 Betty and Ed s Interests Ann, Betty, and Celia originally took title to the condo as joint tenants with right of survivorship. A joint tenancy is characterized by the four unities
More informationAvoiding Commercial Lease Pitfalls
Avoiding Commercial Lease Pitfalls LSNT CPD 7 August 2013 Prof Les McCrimmon & Mr David Baldry Barristers William Forster Chambers Focus of Discussion Essential elements of a lease Notice to Quit Notice
More informationThe central concerns of property law
2 The central concerns of property law Introduction We saw in the previous chapter that property encompasses not only ownership but also a wide range of other rights. In this chapter, an attempt will be
More informationLEAVE & LICENSE LEASE AND POWER OF ATTORNEY REAL ESTATE SUMMIT 2016
LEAVE & LICENSE LEASE AND POWER OF ATTORNEY LEAVE & LICENSE AGREEMENT Section 52 of Indian Easement Act, 1882 defines License. A Leave and License Agreement is granting rights to the licensee to enjoy
More informationJonathan Gaunt QC MOORING RIGHTS
MOORING RIGHTS 1. In recent years there has been a rash of cases involving mooring boats on the River Thames: Port of London Authority v Ashmore [2009] EWHC 954; Couper v Albion Properties Limited [2013]
More informationMETIS SETTLEMENTS LAND REGISTRY REGULATION
Province of Alberta METIS SETTLEMENTS ACT METIS SETTLEMENTS LAND REGISTRY REGULATION Alberta Regulation 361/1991 With amendments up to and including Alberta Regulation 45/2014 Office Consolidation Published
More informationTitles Registry Fees effective 1 July 2017 Land Title Act 1994 Land Title Regulation 2015
Titles Registry s effective 1 July 2017 Land Title Act 1994 Land Title Regulation 2015 1 Creating an indefeasible title or, on request, a separate indefeasible title (other than a deed of grant) for each
More informationProperty Law exam notes
Property Law exam notes Ordinary claim skeleton To weave in authority (case and legislation): is authority for the proposition that. In these circumstances therefore. is authority that there is justification
More information8/31/2017. Legal Foundations to Value. Claims that the government is obligated to enforce. Non-revocable. Enduring
Legal Foundations to Value What do we mean by rights What are property rights What is real property What is personal property What do we do when the difference is unclear Claims that the government is
More informationPLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.
PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to May 30, 2009. It is intended for information and reference purposes only. This
More informationeasements negative negative covenants affirmative
1 I. INTRODUCTION TO NON-POSSESSORY INTERESTS IN LAND (REVIEWED) 1. Introduction to non-possessory interests corporeal vs. incorporeal hereditaments iura in re sua vs. iura in re aliena ( rights in his
More informationTitles Registry Fees effective 1 July 2016 Land Title Act 1994 Land Title Regulation 2015
Titles Registry s effective 1 July 2016 Land Title Act 1994 Land Title Regulation 2015 1 Creating an indefeasible title or, on request, a separate indefeasible title (other than a deed of grant) for each
More informationRAILS- TO- TRAILS PROGRAM IN MICHIGAN. in implementing so- called rails- to- trails programs, which seek to convert unused
Michigan Realtors RAILS- TO- TRAILS PROGRAM IN MICHIGAN A. INTRODUCTION Over the last few decades, all levels of government have been increasingly interested in implementing so- called rails- to- trails
More informationBob s: Relevant Factors (p. 538)
Eversole to Parman deed for Bob s store parcel did not grant Parman an express easement over parking lot Should the court have implied such an easement, based on prior use of parking lot by the Parmans
More informationThe Use of Negative Easements To Facilitate Construction Projects
The Use of Negative Easements To Facilitate Construction Projects John D. Schwarz Jr., JD California State University, Chico Chico, CA This paper discusses the use of negative easements to facilitate construction
More informationReal Property LAWS5017 Templates
Real Property LAWS5017 Templates 1 CO- OWNERSHIP: Step 1: Identify the relationship TENANTS IN COMMON A. There is a presumption that a conveyance of property to multiple people creates a tenancy in common
More informationST CHRISTOPHER AND NEVIS CHAPTER CONDOMINIUM ACT
Laws of Saint Christopher Condominium Act Cap 10.03 1 ST CHRISTOPHER AND NEVIS CHAPTER 10.03 CONDOMINIUM ACT and Subsidiary Legislation Revised Edition showing the law as at 31 December 2009 This is a
More informationBELIZE GENERAL REGISTRY ACT CHAPTER 327 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000
BELIZE GENERAL REGISTRY ACT CHAPTER 327 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority
More informationLETTER TO COMPANY - DRAFT CITY OF LONDON LAW SOCIETY LAND LAW COMMITTEE CERTIFICATE OF TITLE (7 TH EDITION 2016 UPDATE)
LETTER TO COMPANY - DRAFT CITY OF LONDON LAW SOCIETY LAND LAW COMMITTEE CERTIFICATE OF TITLE (7 TH EDITION 2016 UPDATE) This is the first of two letters which may be sent by the solicitors giving the Certificate
More informationEasement instrument to grant easement or profit à prendre, or create land covenant
Easement instrument to grant easement or profit à prendre, or create land covenant Grantor (Sections 90A and 90F Land Transfer Act 1952) CLUTHA DISTRICT COUNCIL Grantee CLUTHA DISTRICT COUNCIL Grant of
More informationDECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BENNETT FARMS SUBDIVISION MADISON COUNTY, IOWA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BENNETT FARMS SUBDIVISION MADISON COUNTY, IOWA We, Corkrean Homes, Inc., hereinafter referred to as ADeclarant@, are now the fee simple owners and
More informationFunctional Description. Servitude Categories. Property. Private Land Use Controls. Module 6 Servitudes
Property Module 6 Servitudes Private Land Use Controls Servitude Categories Major: Easement Covenant Minor: Real Covenant Equitable Servitude Profit License Functional Description A is given right to enter
More informationStormwater Ordinance Appendix APPENDIX K EXAMPLE TAR-PAM CONVERSATION EASEMENT
APPENDIX K EXAMPLE TAR-PAM CONVERSATION EASEMENT Tax Parcel ID # NORTH CAROLINA FRANKLIN COUNTY CONSERVATION EASEMENT Franklin County, North Carolina THIS CONSERVATION EASEMENT (this "Conservation Easement")
More informationChapter 2 6/1/2010. Are These Houses Really Alike? Real Property: a Bundle of Rights. What Are Rights?
Are These Houses Really Alike? Chapter 2 Legal Foundations to Value City vs. County? Implied easements? Prescriptive easements? Easements in gross? Homestead rights? Restrictive covenants? McGraw-Hill/Irwin
More informationConstruing conveyancing documents a major change in the Court s approach
Construing conveyancing documents a major change in the Court s approach The recent Court of Appeal decision in Cherry Tree Investments Limited v Landmain Limited [2012] EWCA Civ 736 concerns the construction
More informationIN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE December 13, 2012 Session
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE December 13, 2012 Session BARRY RUSSELL, ET AL. v. HENDERSONVILLE UTILITY DISTRICT Appeal from the Chancery Court for Sumner County No. 2010C120 Tom E.
More informationDECLARATION OF DECLARANT SEPTEMBER 2007
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS EPHRAIM INDUSTRIAL PARK II DECLARANT EPHRAIM CITY, UTAH SEPTEMBER 2007 - Ind. Park II.DOC 0895805/HCH/msp (2126677) THIS DECLARATION is made as of
More information2010 No. 11 LAND REGISTRATION. Land Registry (Fees) Order (Northern Ireland) 2010
STATUTORY RULES OF NORTHERN IRELAND 2010 No. 11 LAND REGISTRATION Land Registry (Fees) Order (Northern Ireland) 2010 Made - - - - 21st January 2010 Affirmed by resolution of the Assembly on 1st March 2010
More informationHarris v Flower. Rule or misrule? Stephen Jourdan QC
Harris v Flower Rule or misrule? Stephen Jourdan QC The rule If a right of way be granted for the enjoyment of Close A, the grantee, because he owns or acquires Close B, cannot use the way in substance
More informationLAW 316 PROPERTY LAW FINAL EXAM NOTES!
LAW 316 PROPERTY LAW FINAL EXAM NOTES!! LAW 316 PROPERTY LAW FINAL EXAM NOTES! 1! MORTGAGES! 4! what is a mortgage?! 4! old system mortgages! 4! torrens title! 5! freehold! 5! Gurfinkel v Bentley Pty Ltd
More informationAdverse Possession: what it is and common misconceptions
Adverse Possession: what it is and common misconceptions Kieren Mihaly Barrister Liability limited by a scheme approved under Professional Standards Legislation Adverse Possession: what is it and common
More informationTransfer of Land Formalities
Transfer of Land Formalities may hold have a proprietary or equitable interest in the land if the request formalities are satisfied or a specifically enforceable contract exists. Formalities For GLL a
More informationEXPOSURE DRAFT - FOR COMMENT AND DISCUSSION ONLY. Deadline for comment: 10 August Please quote reference: PUB00220.
Deadline for comment: 10 August 2016. Please quote reference: PUB00220. QUESTION WE VE BEEN ASKED QB XX/XX INCOME TAX DATE OF ACQUISITION OF LAND All legislative references are to the Income Tax Act 2007
More informationINTRODUCTION TO PROPERTY AND COMMERCIAL LAW NOTES
INTRODUCTION TO PROPERTY AND COMMERCIAL LAW NOTES THE CONCEPT AND FUNCTION OF PROPERTY AND INTRODUCTION TO REAL PROPERTY When dealing with property rights, there are three basic questions to ask: 1. What
More informationGRANT OF TRAIL ACCESS EASEMENT, COVENANTS AND RESTRICTIONS
This is a sample easement provided for discussion and illustrative purposes only. Easements for each property will be customized based upon the needs of each landowner and the Path. GRANT OF TRAIL ACCESS
More informationAIR SPACE PARCELS. Outline MAY by Michael Quattrocchi 5/25/ Land, Air Space & the Land Title Act
AIR SPACE PARCELS MAY 2017 by Michael Quattrocchi Outline 1. Land, Air Space & the Land Title Act 2. Air Space & Remainders, Further Subdivision 3. Role of Approving Officer 4. Air Space Agreements 5.
More informationPhysical Encumbrances
Physical Encumbrances Types of physical encumbrances include (1) deed restrictions, (2) easements, and (3) encroachments. D eed restrictions A major package of private deed restriction are covenants, conditions
More informationDECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KINGSTON SQUARE
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KINGSTON SQUARE THIS DECLARATION, made on the date hereinafter set forth by Knotts Landing Corporation, a Georgia Corporation hereinafter referred
More informationCadastral Data Content Standard - Rights and Interests
Background Concepts Rights and Interests - Regulations and Restrictions In the Cadastral Data Content Standard Version 2 - June 30, 2014 A review of the content and background Nancy von Meyer Rights and
More informationREGISTRATION OF MINING TITLES IN VICTORIA
Vol. 1(7) AMPLA Bulletin 5 REGISTRATION OF MINING TITLES IN VICTORIA by Susan MacCallum' The Mining Act 1958 (Vic.) and the Regulations' envisage a system under which mining tenements will be registered
More informationDeed Restrictions A Limited Alternative for Land Conservation Massachusetts Land Trust Coalition November 2007
Deed Restrictions A Limited Alternative for Land Conservation Massachusetts Land Trust Coalition November 2007 Statutorily imposed time limitations, recording and enforcement constraints limit the usefulness
More informationWhat are Landlord's and Tenant's rights and obligations? Discuss.
REAL PROPERTY ESSAY #1 MODEL ANSWER Tenant entered into a written lease of an apartment with Landlord on January 1, 1995. The lease provided that Tenant would pay $12,000 per year rent, payable in $1000
More informationRESTATEMENT OF THE LAW FOURTH, PROPERTY PROJECTED OVERALL TABLE OF CONTENTS VOLUME [1] THE BASICS OF PROPERTY DIVISION ONE: DEFINITIONS
RESTATEMENT OF THE LAW FOURTH, PROPERTY PROJECTED OVERALL TABLE OF CONTENTS VOLUME [1] THE BASICS OF PROPERTY Chapter 7. DIVISION ONE: DEFINITIONS Meanings of Property Property as a Relation Separation
More information