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Site assembly and development - Dissertation Example

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Site Assembly and Development: Easements in the UK Word Count: 2,250 (9 pages) I. Introduction Have you walked past a pond, wanting to fish, not sure who owned it? How many times have you walked across a sidewalk wondering if anyone owned it? Here easements will be discussed, which are pieces of shared property…
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Download file to see previous pages II. The Definition of An Easement Basically, someone who has an easement is someone who can tread on someone else’s property. That person is called the servient. “The holder of an easement has the right to use a tract of land, called the servient tenement…” but has very little rights otherwise.1 Easements come in an inexhaustible amount of forms, and, for example, adjacent properties might come into play, such as was the case in Bailey v Stevens (1862). Sometimes there are implied easements, as in the case of Wheeldon v Burrows. Whatever the case, it is quite possible that the definition of who owns an easement should actually be defined better. For example, instead of having four requirements for the definition of an easement to be met—basically stating who owns an easement—an easement should be clearly defined in a one-sentence statement or paragraph. This would thus put to rest all the haggling behind what an easement consists of and that of which it does not consist. Easements present a problem, not only in English law, but all over the world. People disagree all the time as to what constitutes an easement, and who has a right to share what. As such, the definition of what an easement is, and why it begs to be defined, are partially societal problems. If English society were more communal rather than individual in nature, most likely there would not be such a problem with the idea of having to share space. But, since like the West, the UK has been “enlightened” in terms of having to have at least 10 metres of space per person even in office space, it so follows that it would probably be only natural for someone from England demanding justice if a neighbour came to fish in his or her pond, swim in a backyard pool, or use the lavatory at one’s whim. As such, it can be very difficult to actually define an easement, especially if the person using the easement does not want to formally admit that he or she is using the other person’s property illegally. Also, the dominant may not want to admit that there is an easement between both the dominant and the servient, as the dominant may feel that, legitimating that relationship might therefore give the servient some type of rights or ownership to his or her property—which it does, but that is almost entirely beside the point. The person who holds the easement doesn’t exactly own the property. It’s more like, they are borrowing it or using it for a certain time and then won’t be there anymore. Usage of an easement is, for the majority, not continuous. Thus, these facts should be taken into account when one is considering either making an easement formal or doing something in order to make the process of acquiring an easement possible. In all circumstances, paperwork should always be filled out so there is no misunderstanding between the dominant and the servient. This is essential for the relationship. III. What Can Be Done with an Easement Although an easement itself is defined by four strict necessities by law, what can be done with an easement should definitely be clarified. It has been said that “…an easement is extinguished if the dominant and servient tenements come into the same ownership…”2 That may be true, but unless it was expressly written into the law in such a like manner, one might never know that that had been the case. Even so, there are such things as ...Download file to see next pagesRead More
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