Do the terms of the easement require Mr Hogg to allow you to continue to be able to use the inclinator?
To begin contextualisation of the situation in terms of the ownership of the inclinator it vital. Firstly, the inclinator itself is a fixture located within the boundaries of Mr Hogg’s property, and thus the nature of the item is fully owned by Mr Hogg for the remainder of his ownership of the estate. Given this, as the inclinator is a fixture of the land it should be passed on for use by the next person the estate falls under, according to the privacy of estate. Secondly, the inclinator was installed in 1979 and at the time, was used by the owners of both lots, without any easement being constructed. However, as it is an existed when the
…show more content…
Under the case of Hare v van Brugge [2013] NSWCA 74, the court had ruled that the dominant party (Van Brugge ) had the right under the clause “to go, pass and repass at all times and for all purposes with or without animals or vehicles or both to and from the said dominant tenement or any such part thereof” without the rights being dictated by the servant party. Under this context it can be said that you have the right according to your easement too allow any person that is allowed to enter your property too “go, pass and repass at all times and for all purposes with or without animals or vehicles or both to and from the said dominant tenement”. This means the use the inclinator is for the use of the dominant party until a breach of this easement …show more content…
However, the cost of repairing under “sharing the cost of maintenance and repair” is obligated in this particular situation to be equally split between both yourself and Mr Hogg. This is further established in the case of Hare v van Brugge [2013] NSWCA 74 where the judge had found the same result and that it is the shared duty of both the parties servant and dominant to preserve and maintain the inclinator in this scenario as the dominant (you) have the obligation to maintain your access way, but in this situation as the registered proprietor of the inclinator and owner of the land Mr Hogg also a part time user of the inclinator as well. In terms of who has the obligation to pay for the electricity in Hare v van Brugge [2013] NSWCA 74 the judge found that this expense although initially outlaid by the servient as it in on their property and is in their propriety possession. It is metered through an alternative section of the domestic electricity bill and then the cost metered is spilt between the two
Yankitis will not rent, lease, license, grant easement rights, or otherwise allow anyone other than the owner of Lot 5 in Supervisor’s Plat No. 5 to utilize Lot 44.
1)Agrees to for all coast related to the repair of a sewer line which runs underneath a tree located at 650 Huron Ave Massachusetts in the font yard if said tree is responsible for piercing said sewer line;
LICENSE TO REJECT: Pending and future vanity license plate decisions in light of Walker v. Tex. Div., Sons of Confederate Veterans, Inc.
The major concern is a discrepancy with what was showing on the recorded final subdivision plat versus what was actually done. The discrepancy is a lot depicted on the approved plat as “Parcel A” that is actually stubbed out for a roadway. Upon discovery by myself, and the two (2) Planning Inspectors (Donald Rixner, Jr. and George Tassin), I questioned the real estate developer by the name of Joseph M. Scontrino, III. In questioning him, I asked, if there was a modification to the recorded subdivision plat, his answer was “no”, so I then present him with a copy of the recorded plat that shows “Parcel A” as a lot and not for the intent to continue Summerlin Drive. Once I returned to the office, Angelic Sutherland was told about the discrepancy, her response was we were only to review the proposed Phase 3, Section 1 of Summerlin Lake Subdivision, not areas that have received approval. At this time, I explained to Angelic that whenever staff finds discrepancies out in the field, it is our duty to right the wrong. Even after providing this concern, it was dismissed and I was told that “Joey” is allowed to do as he please despite the laws. This instance contradicts the recorded plat and the definition of lot, which reads, “Lot means a parcel of land or any combination of several lots of record, occupied or intended to be
As part of their journalism class students produced a newspaper with a collection of student-written articles about teen pregnancy and the impact of divorce on kids. As a result, the principal made the decision to delete the two articles from that edition of the school’s newspaper. Consequently, three students sued the school district alleging violation of their First Amendment rights.
Ernest’s claim is void, as he did not occupy the property continually. This is evidenced by the recognition of both Barney and Ernest of each other from the town where Barney worked.
The Court alone is authorized to determine legal duty according to Volpe v. Gallagher (2003). In this case, the Court considered several factors relevant to this case, including the relationship between the parties, the scope of obligation, and foreseeability of harm.
For summary judgment to be granted, the movant must show “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). The appellate standard of review for reviewing summary judgment orders in this case is the de novo standard, as this is a decision regarding “mixed questions of law and fact”. Barr v. Lafon, 538 F.3d 554, 562 (6th Cir. 2008).
The agreement did not include any personal property, but it did cover: " All buildings, plumbing, heating, lighting fixtures, storm sash, shades, blinds, awnings, shrubbery, and plants". The purchasers took possession on June 14, 1946, and discovered that certain articles which had been on the premises at the
A small parcel of land, part of the original property belonging to the Yountville Veterans’ Home, remained on the east side of State Road 29. The Veteran’s Home expressed an interest in providing the deed to this parcel of land to the Town of Yountville as long as the land was for use by the community and not sold for profit. The Town desired to create a park that was welcoming and connected the entrances to the Town of Yountville and the Veterans’ Home because they were
Buck v.Bell. 274 U.S. 200. Supreme Court (1927). Rpt. in Bioethics and The Law. Ed. Janet L. Dolgin & Lois L. Shepherd. New York: Wolters Kluwer Law and Business, 2013. 254.
Unfortunately, you have not visited your land for 20 years and when you arrived you noticed a cabin in the center of the land. The cabin is occupied by Otis, who was not pleasant when you were present. I am despondent to inform you that Otis has rights to the land due to adverse possession, sometimes called a prescription. Adverse possession is known as squatter’s rights and is described as “acquiring ownership of realty by openly treating it as one’s own, with neither protest nor permission from the real owner, for a statutorily established period of time.” (Kubasek, Brennan, & Browne, 2015, p. 359) Unfortunately, you have not explored your property in 20 years, which allowed someone to move on the property without a single complaint.
The proprietary right is protected by overriding interest under Section 70(1)(f) of Land Registration Act 1925 (LRA1925). Limitation Act 1980 stated requirement towards the squatter where he is in factual possession to the land for a period of 12 years continuously and is not objected by the land owner, he will obtain a title towards the land. However, Land Registration Act 2002 (LRA 2002) brings changes towards this proprietary right where it provides a new set of rules which
Failing that, John’s next option is to apply under section 3(2)(b) of the Encroachment of Buildings Act 1922 (“EBA”) to the Land and Environment Court for an order for subdivision of the parcel of land or an order directed to the parties to create an easement to permit the encroachment to remain and/or compensation under section 6. The garage would meet the definition as substantial and permanent structure however this option would most likely prove to be an expensive and fruitless exercise of which success is not likely. John risks an order to demolish if he were to proceed with these proceedings. I would advise against applying to the Land and Environment Court.
Please note, that the acreage for Ted Burnat is not included on the SW 33-19-10-W4M access road, for which, he is an occupant.