INDIAN EASEMENTS ACT‚ 1882 (Act No. 5 of Year 1882) An Act to define and amend the law relating to easements and licences WHEREAS it is expedient to define and amend the law relating to Easements and Licences. It is hereby enacted as follows: - PRELIMINARY 1. Short title - This Act may be called the Indian Easements Act‚ 1882. Local extent: It extends to the territories respectively administered by the Governor of Madras in Council and the Chief Commissioners of the Central Provinces
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Easement by necessity The state’s power to regulate land use is absolute. Which of the following is NOT an example of governmental power? Dedication Escheat is intended to prevent property being ownerless or abandoned. Which of the following is a legal life estate? Homestead A person who has complete control of a parcel of real estate is said to own a fee simple estate. An owner conveys ownership of her residence to her church but reserves for herself a life estate in the residence. The future
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1. A property tax bill is an example of: (a) a voluntary lien (b) a general lien (c) an involuntary lien (d) two of the above are correct 2. An easement with only a servient tenement: (a) easement in gross (b) easement appurtenant (c) easement egress (d) easement for encumbrance 3. If an owner files a proper Notice of Completion in the County Recorder’s office‚ unpaid subcontractors have how many days to file a lien? (a) 30 days
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EASEMENTS – Exam Revision 1. What are they? Easements – are rights‚ private rights‚ agreements upon which two individuals base such rights. Enjoyed by one party related to one land of another party‚ but limited. Eg: Just crossing the path. Conceptually worth remembering‚ easements originate in early medieval times as customary ways. Easements are in a general sense‚ ways in which u can facilitate the use of land of another party. a. Characteristics from Re Ellenborough Park b. Don’t forget
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a strong and generally unifying desire to protect the rights of persons who could demonstrate a long established de facto enjoyment of land. Indeed‚ the Prescription Act 1832 legislatively entrenched prescription‚ and in particular‚ prescriptive easements. The underlying assumption was that the principle of prescription was necessary to reconcile the conflicting interests of landowners The basis of prescription is that if long enjoyment of a lawful right is shown‚ the courts will uphold the right
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relationship between easement and the law of tort? Discuss. An easement is an interest in land which is created by express agreement‚ prior use‚ or necessity that permits one person to make use of another’s estate. An affirmative easement gives one person the right to use another’s land; a negative easement prevents the owner from using his land in a way that will affect another person’s land. In understanding easement law‚ the important distinctions are between easements appurtenant and in
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come across the surface and you need to describe that they need to put the earth back how you’d like in the contract or they don’t have to -Alternative Energy sources and Conservation Easements-Negative easement-whoever owns the land next to me can’t do something -**Ohio only recognizes conservation easements for the purpose of conserving light for solar energy -**Individual can’t do that‚ only state or local government or park district -In the states‚ property laws are considered a bundle
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Table of Contents d 5 Torrens Title Lan Introduction 5 Principle of Indefeasibility 5 Key Provisions (RP Act) 5 Deferred v immediate indefeasibility 6 Frazer v Walker 1967 6 Breskvar v Wall (1971) 7 What will attract indefeasibility? 8 Leases: 9 Mercantile Credits Ltd v Shell Co of Australia Ltd (1976) 9 Karacominakis v Big Country Developments (2000) 11 Mortgages: 11 Yazgi v Permanent Custodians Ltd (2007) 11 Volunteers 12 Bogdanovic v Koteff (1988) 12 Rasmussen v
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property’s boundaries if they do use 1 of 5 things. 1. The school is going to attach a utility provider’s pole line‚ 2. They use a utility provider’s conduit‚ 3. The school use a public R/W or some other access provider‚ or 4. The school uses a utility easement or private
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Indefeasibility * The conclusiveness of the register & bars ’retrospective investigation of title’ aimed to achieve security and simplicity in matters of title to land * Protection of purchaser – they are ‘paramount from unregistered interests’ but still are bound by registered interests * Frazer v Walker – ‘indefeasibility of title is convenient description for the immunity from attack by adverse claim to the land or interest in respect of which he is registered‚ which
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