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by Paul Jackson
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Both profits and easements are generally liable to be affected by decisions in the law of tort; thus this chapter illustrates some of the interrelationships of the law of contract, tort and land. Jackson, P. (1978) The Law of Easements and Profits (London: Butterworth). Authors and Affiliations.
Easement must accommodate the DT: Needs to show that it "exists for the reasonable and comfortable enjoyment .
Easement must accommodate the DT: Needs to show that it "exists for the reasonable and comfortable enjoyment of the dominant tenement. Hill v Tupper (1863). Accommodation of DT is not purely personal or commercial advantages. As negative easements represent an anomaly in the law because they restrict the owner's freedom, the law takes care not to extend them beyond the categories which are well known to the la. Reilly v Booth (1890). There is not easement known to law which gives exclusive or unrestricted use of a piece of land". Wright v Macadam (1949). Tenant held to have acquired easement to store coal in a shed.
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Lost modern grant The court assumes two things that have not, in fact, occurred: 1. there was a grant of an easement; 2. it has been lost. Mortgagee and mortgagor The lender is the mortgagee, and the borrower is the mortgagor
Lost modern grant The court assumes two things that have not, in fact, occurred: 1. Mortgagee and mortgagor The lender is the mortgagee, and the borrower is the mortgagor. Misrepresentation An untrue statement of fact which induces a person to enter into a transaction. Beneficiaries Those for whom the property is held in trust. Equity The body of rules developed and administered by the Court of Chancery. Paper owner The holder of the legal title to land which is being adversely possessed.
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". It is similar to real covenants and equitable servitudes; in the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes.