Practical Guide to Disputes Between Adjoining Landowners Easements

Practical Guide to Disputes Between Adjoining Landowners Easements

Author: James Backman

Publisher: International Institute of Technology, Incorporated

Published: 1997-03-06

Total Pages:

ISBN-13: 9780820510606

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Provides expert substantive & procedural guidance for the entire range of disputes between landowners. Covers all the real property issues arising from proximity of property to neighbors or its use by others. Deals with easements; covenants running with the land; equitable servitudes; licenses; adverse possession; trespass; mines & mining; party walls; boundary disputes; nuisance; lateral & subjacent support; petroleum exploration, production, & storage; water rights; rights to airspace; landlord-tenant issues; public lands; & more. From overhanging apple trees to the right to connect a sewage system into a septic tank--it's covered here! 2 Volumes; Looseleaf; updated annually.


Making land work

Making land work

Author: Great Britain: Law Commission

Publisher: The Stationery Office

Published: 2011-06-08

Total Pages: 270

ISBN-13: 9780102972504

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In this report, the Law Commission makes recommendations to simplify, modernise and enhance the law of easements, covenants and profits รก prendre. These rights are essential to the effective use of land and are relied upon by a significant proportion of property owners in England and Wales. Parts of the current law are ancient, contradictory and unfit for modern society. The report recommends reform where it is needed, while preserving those aspects of the law that function as they should. The recommendations would not affect the validity and enforceability of existing rights. The reforms would: make it possible for the benefit and burden of positive obligations to be enforced by and against subsequent owners; simplify and make clearer the rules relating to the acquisition of easements by prescription (or long use of land) and implication, as well as the termination of easements by abandonment; give greater flexibility to developers to establish the webs of rights and obligations that allow modern estates to function; facilitate the creation of easements that allow a substantial use of land by the benefiting owner (for example, rights to park a car); expand the jurisdiction of the Lands Chamber of the Upper Tribunal to allow for the discharge and modification of easements and profits created post-reform.