10 ENGLISH BOOKS RELATING TO «SERVIENT TENEMENT»
Discover the use of
servient tenement in the following bibliographical selection. Books relating to
servient tenement and brief extracts from same to provide context of its use in English literature.
1
Australian Principles of Property Law
The underlying rationale of the doctrine is that a servient tenement holder must
have intended to permit the right if he or she did not exercise legal rights of
interference for a 20 year period. Naturally, this assumption of a 'revived' right is a
...
2
English As a Legal Language
The holder of an easement has the right to use a tract of land, called the servient
tenement but has no right to possess and enjoy the tract. Easements are
generally presumed to be perpetual unless otherwise stated in the grant. If an
easement ...
3
Casenote Legal Briefs Property: Keyed to Courses Using ...
To extinguish an easement over the servient tenement, the servient tenement
owner must demonstrate a visible, notorious and continuous adverse and hostile
use of the land that is inconsistent with the use made and rights held by the ...
Casenotes, Casenote Legal Briefs, 2007
4
Property Law in Namibia:
(a) Beams and windows on servient tenement The owner ofthe dominant
tenement is entitled to insert one or more beams of his or her building into the
building on the servient tenement or to have a window or other opening in a wall
on the ...
5
The Institutions of the Law of Scotland, Deduced from Its ...
A positive servitude is that, whereby the servient tenement is not only restrained
of its liberty, I but is constrained to suffer some things to be done' to the behoof of
the dominant tenement, contrary to its liberty. Negative servitude is that whereby
...
6
An Institute of the Law of Scotland
They must be used in the way least burdensome to the servient tenement.
servitude may be constituted, if the distance between the two be not so great as
to obstruct all benefit from the servitude, L. 38, 39. De serv. pr. urb. ; L. 5. L. 6. pr.
Si serv.
John Erskine (Juriste), 1824
7
An Institute of the Law of Scotland: In Four Books : in the ...
They must be used in the way least burdensome to the servient tenement.
servitude may be .constituted, if the distance between the two be not so great as
to obstruct all benefit from the servitude, L. 38, 39. De serv. pr. urb. ; L. 5. L. 6. pr.
John Erskine, James Ivory, 1824
8
Commonwealth Caribbean Property Law
another (the servient tenement) in a particular way (for example, to walk or drive
across it), or to prevent the servient owner from using the servient tenement in a
particular way (for example, to prevent the servient owner from building so as to ...
9
Mellinkoff's Dictionary of American Legal Usage
easement dominant tenement, also called dominant estate: the land (Parcel Two)
benefited by the burden on the servient tenement (Parcel One). appurtenant
easement or appurtenant servitude: an easement or servitude burdening a
servient ...
10
Civil Liability for Animals
not belong to the dominant tenant, the latter may maintain a claim for injury done
to them on the servient tenement if he is responsible to their owner for their safety
, as where he is a bai1ee.691t would appear, furthermore, that when such ...
10 NEWS ITEMS WHICH INCLUDE THE TERM «SERVIENT TENEMENT»
Find out what the national and international press are talking about and how the term
servient tenement is used in the context of the following news items.
4/15 Lambert Property Group Pty Ltd v SJ Daly & Ors [2015] QPEC 4
LPG filed an originating application on 11 October 2013 seeking declarations that the absence of consent from the Dalys (as the owners of a servient tenement ... «Mondaq News Alerts, May 15»
Development hiccups: when neighbours won't give you access
... the nature of the proposed development;; how the proposed development will be effected; and; the effect of the easement, if granted, on the servient tenement. «Clayton Utz, Apr 15»
Atco Lumber And Impermissible Clauses In Statutory Rights Of Way
... easements, except for the rule requiring that there be both a dominant tenement and servient tenement, which is not applicable to SRWs pursuant to the LTA. «Mondaq News Alerts, Nov 14»
Can private development rules trump public planning policies?
The most fundamental test of this “touch and concern”requirement is to establish that there is both a dominant and a servient tenement, meaning that there is one ... «Lexology, Feb 14»
New case alert (easement law): the area of an express easement …
(See e.g., 6 Miller & Starr, California Real Estate (3rd ed. ... easement owner who seek to increase the use of an easement and a servient tenement owner who ... «Lexology, Dec 13»
Rights of way: how far do they extend? Is your right of way valid?
For any right or easement to exist there has to be a dominant tenement and a servient tenement. The dominant tenement is the land enjoying the benefit of the ... «Lexology, Jul 13»
Doctrine of Merger
In that jurisdiction, civil code section 811 notes “a servitude is extinguished by the vesting of the right to the servitude and the right to the servient tenement in the ... «POB, May 13»
Top 5 Civil Appeals From The Court Of Appeal (March 2013)
... is sought; rather, the claimant's use of the easement "must be as if it had obtained a legal grant of the easement from the owner of the servient tenement.". «Mondaq News Alerts, Mar 13»
Courts do not have the power to terminate an express road and …
The Scruby court specifically held that the owner of the servient tenement did not have to remove improvements it had placed in the easement area (grape vines ... «Lexology, Jan 13»
Snow, shoveling and mutual driveways
It is accepted that an easement must have four components: a dominant and servient tenement; an easement must accommodate, serve and be reasonably ... «Beach Metro News, Jan 13»
