Continuous and Apparent Easement
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water
Florida State University Law Review Volume 3 Issue 4 Article 1 Fall 1975 The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water Glenn J. MacGrady Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Admiralty Commons, and the Water Law Commons Recommended Citation Glenn J. MacGrady, The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water, 3 Fla. St. U. L. Rev. 511 (1975) . https://ir.law.fsu.edu/lr/vol3/iss4/1 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW VOLUME 3 FALL 1975 NUMBER 4 THE NAVIGABILITY CONCEPT IN THE CIVIL AND COMMON LAW: HISTORICAL DEVELOPMENT, CURRENT IMPORTANCE, AND SOME DOCTRINES THAT DON'T HOLD WATER GLENN J. MACGRADY TABLE OF CONTENTS I. INTRODUCTION ---------------------------- . ...... ..... ......... 513 II. ROMAN LAW AND THE CIVIL LAW . ........... 515 A. Pre-Roman Legal Conceptions 515 B. Roman Law . .... .. ... 517 1. Rivers ------------------- 519 a. "Public" v. "Private" Rivers --- 519 b. Ownership of a River and Its Submerged Bed..--- 522 c. N avigable R ivers ..........................................- 528 2. Ownership of the Foreshore 530 C. Civil Law Countries: Spain and France--------- ------------- 534 1. Spanish Law----------- 536 2. French Law ----------------------------------------------------------------542 III. ENGLISH COMMON LAw ANTECEDENTS OF AMERICAN DOCTRINE -- --------------- 545 A. -
Real Estate Law Review Real Estate Law Review
the Real Estate Law Review Law Real Estate Real Estate Law Review Seventh Edition Editor John Nevin Seventh Edition lawreviews © 2018 Law Business Research Ltd Real Estate Law Review Seventh Edition Reproduced with permission from Law Business Research Ltd ThisTh article was first published in March 2018 For further information please contact [email protected] Editor John Nevin lawreviews © 2018 Law Business Research Ltd PUBLISHER Tom Barnes SENIOR BUSINESS DEVELOPMENT MANAGER Nick Barette BUSINESS DEVELOPMENT MANAGERS Thomas Lee, Joel Woods ACCOUNT MANAGERS Pere Aspinall, Sophie Emberson, Laura Lynas, Jack Bagnall PRODUCT MARKETING EXECUTIVE Rebecca Mogridge RESEARCHER Arthur Hunter EDITORIAL COORDINATOR Gavin Jordan HEAD OF PRODUCTION Adam Myers PRODUCTION EDITOR Claire Ancell SUBEDITOR Gina Mete CHIEF EXECUTIVE OFFICER Paul Howarth Published in the United Kingdom by Law Business Research Ltd, London 87 Lancaster Road, London, W11 1QQ, UK © 2018 Law Business Research Ltd www.TheLawReviews.co.uk No photocopying: copyright licences do not apply. The information provided in this publication is general and may not apply in a specific situation, nor does it necessarily represent the views of authors’ firms or their clients. Legal advice should always be sought before taking any legal action based on the information provided. The publishers accept no responsibility for any acts or omissions contained herein. Although the information provided is accurate as of February 2018, be advised that this is a developing area. Enquiries -
The Law of Property
THE LAW OF PROPERTY SUPPLEMENTAL READINGS Class 14 Professor Robert T. Farley, JD/LLM PROPERTY KEYED TO DUKEMINIER/KRIER/ALEXANDER/SCHILL SIXTH EDITION Calvin Massey Professor of Law, University of California, Hastings College of the Law The Emanuel Lo,w Outlines Series /\SPEN PUBLISHERS 76 Ninth Avenue, New York, NY 10011 http://lawschool.aspenpublishers.com 29 CHAPTER 2 FREEHOLD ESTATES ChapterScope ------------------- This chapter examines the freehold estates - the various ways in which people can own land. Here are the most important points in this chapter. ■ The various freehold estates are contemporary adaptations of medieval ideas about land owner ship. Past notions, even when no longer relevant, persist but ought not do so. ■ Estates are rights to present possession of land. An estate in land is a legal construct, something apart fromthe land itself. Estates are abstract, figments of our legal imagination; land is real and tangible. An estate can, and does, travel from person to person, or change its nature or duration, while the landjust sits there, spinning calmly through space. ■ The fee simple absolute is the most important estate. The feesimple absolute is what we normally think of when we think of ownership. A fee simple absolute is capable of enduringforever though, obviously, no single owner of it will last so long. ■ Other estates endure for a lesser time than forever; they are either capable of expiring sooner or will definitely do so. ■ The life estate is a right to possession forthe life of some living person, usually (but not always) the owner of the life estate. It is sure to expire because none of us lives forever. -
Question 5 Prior to 1975, Andy Owned Blackacre in Fee Simple Absolute. In
Question 5 Prior to 1975, Andy owned Blackacre in fee simple absolute. In 1975, Andy by written deed conveyed Blackacre to Beth and Chris “jointly with right of survivorship.” The deed provides: “If Blackacre, or any portion of Blackacre, is transferred to a third party, either individually or jointly, by Beth or Chris, Andy shall have the right to immediately re-enter and repossess Blackacre.” In 1976, without the knowledge of Chris, Beth conveyed her interest in Blackacre to Frank. In 1977, Beth and Frank died in a car accident. Frank did not leave a will and his only living relative at the time of his death was his cousin Mona. In 1978, Chris and Andy learned that Beth had conveyed her interest in Blackacre to Frank. When Mona approached Chris a day later to discuss her interest in Blackacre, Chris told her that he was the sole owner of Blackacre and she had no interest in Blackacre. Chris posted “No Trespassing” signs on Blackacre. He also paid all of the expenses, insurance, and taxes on Blackacre. Andy and Mona have never taken any action against Chris’ possession of Blackacre. 1. What right, title, or interest in Blackacre, if any, did Andy initially convey to Beth, Chris, and himself? Discuss. 2. What right, title, or interest in Blackacre, if any, are held by Andy, Chris, and Mona? Discuss. 56 Answer A to Question 5 1. WHAT RIGHT, TITLE OR INTEREST IN BLACKACRE DID ANDY INITIALLY CONVEY TO BETH, CHRIS, AND HIMSELF? Andy owned Blackacre in fee simple absolute, which indicates absolute ownership and means he had the full right to convey Blackacre. -
CONTRACTS MID-TERM EXAMINATION Santa Barbara/Ventura Colleges of Law Instructor: Craig Smith Fall 2013
CONTRACTS MID-TERM EXAMINATION Santa Barbara/Ventura Colleges of Law Instructor: Craig Smith Fall 2013 QUESTION 1 Moe, the owner of Blackacre, a single-family home, told Curly that he wanted to sell Blackacre for $300,000. Curly said to Moe that he would try to find a purchaser if Moe would agree to pay him a commission of 6%, and Moe orally agreed. Curly is not a licensed real estate broker. Thereafter, without Curly’s knowledge, Moe and Larry entered into negotiations for the sale of Blackacre. Larry faxed to Moe a signed letter stating that he offered to buy Blackacre for $250,000 in cash to be paid at the closing to take place in 90 days. The letter described Blackacre by street address and dimensions. Moe responded by mailing a signed letter to Larry stating that he was refusing Larry’s offer but would agree to sell Blackacre to him for $275,000 on the same terms. Larry immediately responded by mailing a signed letter to Moe stating that he agreed to the higher price. Before Moe received that letter from Larry, Curly presented Moe with a proposed contract for the sale of Blackacre to another prospective buyer for $300,000. Moe immediately sent a letter by fax to Larry stating that he was no longer willing to sell him Blackacre. Larry received this letter before Moe received Larry’s letter agreeing to the higher price. Larry then called Moe to confirm his willingness to buy Blackacre for $275,000, but Moe said he was now unwilling to sell Blackacre to him. -
The Moral Paradox of Adverse Possession: Sovereignty and Revolution in Property Law Larissa Katz
Document generated on 10/01/2021 12:15 p.m. McGill Law Journal Revue de droit de McGill The Moral Paradox of Adverse Possession: Sovereignty and Revolution in Property Law Larissa Katz Volume 55, Number 1, March 2010 Article abstract On what grounds can we justify the transformation of squatters into owners? URI: https://id.erudit.org/iderudit/039836ar To understand the moral significance of adverse possession, the author DOI: https://doi.org/10.7202/039836ar proposes an analogy. Much of the moral analysis of adverse possession has proceeded on the basis that adverse possessors are land thieves. The author See table of contents first explains why the analogy of adverse possessor to land thief is misleading. Then, she argues that there is a much closer analogy between adverse possession and revolution or, more precisely, a bloodless coup d’état. The Publisher(s) recognition of the adverse possessor’s (private) authority solves the moral problem created by an agendaless object just as the recognition of the existing McGill Law Journal / Revue de droit de McGill government’s (public) authority, whatever its origin, solves the moral problem of a stateless people. The morality of adverse possession, seen this way, does ISSN not turn on any particularized evaluation of the squatter’s deserts or her uses of the land. The author thus does not propose that adverse possession is 0024-9041 (print) justified in the same way that some argue a conscientious revolutionary is 1920-6356 (digital) justified in resisting an oppressive or otherwise unjust sovereign. Rather, the morality of adverse possession is found where we might least expect it: in its Explore this journal positivist strategy of ratifying the claims to authority of a squatter without regard to the substantive merits of her agenda or her personal virtue. -
1. Blackacre and Greenacre May Constitute Bonnie and Wally's Homestead Property
Q6 - July 2017 - Selected Answer 1 6) 1. Blackacre and Greenacre may constitute Bonnie and Wally's homestead property. The issue is whether two tracts of noncontiguous tracts of land may qualify as a rural homestead. Under Texas Law, a family may have an urban or rural homestead. An urban homestead exists where up to 10 contiguous acres within the city limits, or platted subdivision are used as a primary residence, are provided police and volunteer or paid fire protection, and at least three of the following services: water, natural gas, electricity, sewer, storm sewer. A homestead that does not qualify as urban is considered rural. A family may hold up to 200 non contiguous acres as a rural homestead. Here, Bonnie and Wally built a home on Blackacre, and Bonnie later inherited Greenacre which was a tract of land nearby and in the same county. Together, the tracts equal 125 acres and would be within the alloted amount for a rural homestead. So long as Bonnie and Wally maintain their primary residence on a part of the non-contiguous acres, the entirety of both tracts may be held as homestead where the land is used for the support of the family. 2. No, Big Oil's oil and gas lease is not valid. The issue is whether Wally had the right to, and did, validly grant an oil and gas lease to the covering Blackacre without Bonnie joined. Bonnie and Wally are married and they purchased Blackacre and built there home on it. If Blackacre is a homestead, both parties would have to be on an instrument conveying the property. -
The Real Estate Law Review
[ Exclusively for: Eddy Leks | 04-Apr-14, 08:41 AM ] ©The Law Reviews The Real Estate Law Review Third Edition Editor David Waterfield Law Business Research The Real Estate Law Review Reproduced with permission from Law Business Research Ltd. This article was first published in The Real Estate Law Review, 3rd edition (published in March 2014 – editor David Waterfield). For further information please email [email protected] The Real Estate Law Review Third Edition Editor David Waterfield Law Business Research Ltd THE LAW REVIEWS THE MERGERS AND ACQUISITIONS REVIEW THE RESTRUCTURING REVIEW THE PRIVATE COMPETITION ENFORCEMENT REVIEW THE DISPUTE RESOLUTION REVIEW THE EMPLOYMENT LAW REVIEW THE PUBLIC COMPETITION ENFORCEMENT REVIEW THE BANKING REGULATION REVIEW THE INTERNATIONAL ARBITRATION REVIEW THE MERGER CONTROL REVIEW THE TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS REVIEW THE INWARD INVESTMENT AND INTERNATIONAL TAXATION REVIEW THE CORPORATE GOVERNANCE REVIEW THE CORPORATE IMMIGRATION REVIEW THE INTERNATIONAL INVESTIGATIONS REVIEW THE PROJECTS AND CONSTRUCTION REVIEW THE INTERNATIONAL CAPITAL MARKETS REVIEW THE REAL ESTATE LAW REVIEW THE PRIVATE EQUITY REVIEW THE ENERGY REGULATION AND MARKETS REVIEW THE INTELLECTUAL PROPERTY REVIEW THE ASSET MANAGEMENT REVIEW THE PRIVATE WEALTH AND PRIVATE CLIENT REVIEW THE MINING LAW REVIEW THE EXECUTIVE REMUNERATION REVIEW THE ANTI-BRIBERY AND ANTI-CORRUPTION REVIEW THE CARTELS AND LENIENCY REVIEW THE TAX DISPUTES AND LITIGATION REVIEW THE LIFE SCIENCES LAW REVIEW THE INSURANCE AND REINSURANCE LAW -
Ownership – Acquisition, Proof and Extinction
Ownership Acquisition of ownership Modalities of Acquisition of Individual Ownership . Generally, the law recognizes two types/class of acquiring ownership: Original acquisition, and Derivative acquisition . Ownership is said to be acquired through original acquisition when an individual acquires ownership over a given thing by his own, without depending on anyone's title/ownership. Ownership may be acquires in this manner over a thing which: - has never been owned, res nullius - has had owner but abandoned, res derelictae - has owner, but the new owner doesn’t depend on the pre-existing OP as a source . Derivative acquisition refers to the acquisition of ownership through transfer of ownership. This is a case of buying/taking the right rather than establishing original ownership. It is a derivative mechanism of acquiring ownership. It requires juridical acts and is dependent on the quality of ownership of the original acquirer. Original Acquisition of Ownership . The CC recognizes 4 modes of original acquisition of OP: - Occupation - Possession in good faith - Usucaption - Accession . Some apply to acquisition of OP only on corporeal movables, others to immovable only & some for both. Acquisition of OP by Occupation . No clear definition of the term in the CC . From a systematic reading of Art 1151 we can describe Occupation as: a mode of acquiring OP whereby a person becomes an owner of a masterless corporeal chattel by taking possession of the thing with the intention of becoming owner. Thus, in order to become owner by occupation, the following elements must be fulfilled cumulatively: - The thing must be a corporeal movable - The thing must be susceptible of private appropriation - The thing must be masterless - The person must have taken possession of the thing - The possession must be with intention of becoming owner of the thing. -
Patent Exhaustion Connects Common Law to Equity: Impression Products, Inc
Chicago-Kent Journal of Intellectual Property Volume 17 Issue 1 Article 4 1-18-2018 Patent Exhaustion Connects Common Law to Equity: Impression Products, Inc. v. Lexmark International, Inc. Kumiko Kitaoka Follow this and additional works at: https://scholarship.kentlaw.iit.edu/ckjip Part of the Intellectual Property Law Commons Recommended Citation Kumiko Kitaoka, Patent Exhaustion Connects Common Law to Equity: Impression Products, Inc. v. Lexmark International, Inc., 17 Chi. -Kent J. Intell. Prop. 96 (2018). Available at: https://scholarship.kentlaw.iit.edu/ckjip/vol17/iss1/4 This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Journal of Intellectual Property by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. PATENT EXHAUSTION CONNECTS COMMON LAW TO EQUITY: IMPRESSION PRODUCTS, INC. V. LEXMARK INTERNATIONAL, INC. KUMIKO KITAOKA I. INTRODUCTION ................................................................................ 97 II. BACKGROUND .............................................................................. 101 A. Brief Summary of Impression Products ............................ 101 1. Facts and Procedural Highlights: Imported Modified Single-Use Printer Cartridges ................................... 101 2. The Federal Circuit: Territoriality and Patentees’ Freedom to Contract ................................................ -
Governing Water: the Semicommons of Fluid Property Rights
GOVERNING WATER: THE SEMICOMMONS OF FLUID PROPERTY RIGHTS Henry E. Smith* This Article applies an information-cost theory of property to water law. Because of its fluidity, exclusion is difficult in the case of water and gives way to rule of proper use, i.e., governance regimes. Looking at water through this lens reveals that prior appropriation employs more governance and riparianism rests more on a foundation of exclusion than is commonly thought. The development of increasing amounts of exclusion and governance are both compatible with a broadly Demsetzian account that is sensitive to the nature of the resource. Moreover, hybrids between prior appropriation and riparianism are not anomalous. Exclusion strategies based on boundaries and quantification allow for rights to be formal and modular, but this approach is particularly challenging in the case of water and other fugitive resources. The challenges of exclusion that water and other fugitive resources present often lead to a semicommons in which elements of private and common property both coexist and interact. INTRODUCTION Water is a fugitive resource that is expected to fulfill many human needs, including drinking and household uses, raising farm animals, irrigation, mining, power, manufacturing, sewage, navigation, wildlife, recreation, aesthetic, and environmental values. Some of these uses require withdrawals of water, some involve discharges into water, and others presuppose some quantity of water left in place. To serve all these ends, many parties require access to water, and at the same time water itself moves easily and replenishes partially (and not completely predictably) as part of the hydrologic cycle. Given the heterogeneity of uses, the costliness of measuring and monitoring them, and the difficulties in predicting flows of water from year to year, water is among the most challenging of resources from the point of view of property law. -
Blackacre Sydney University Law Society Annual Yearbook 2017
Blackacre Sydney University Law Society Annual Yearbook 2017 Editor-in-Chief Ryan Hunter Editors Elizabeth Kim Beverly Parungao Anoushka William Illustrations & Cover Dora Cheung SULS Publications Director Emily Shen Contributions by Rachael Buckland Rohan Barmanray John Fennel Alyssa Glass Gaston Gration Jenna Ying Lim Helena Liu Tanvi Patel Alexi Polden Rachel Stokker Calida Tang Mary Ward Elaine Yeo Generous Anonymous Authors & SULS’ Many Many Photographers Blackacre is made possible by the efforts of a small group of Sydney Law School Students, and published under the auspices of the Sydney University Law Society and the University of Sydney Union. The opinions expressed in individual articles of Blackacre belong to their authors. If you are unhappy with any of the material in Blackacre please refer to the editors’ lack of salary and your lack of humour. Blackacre is published on the land of the Gadigal people of the Eora nation. Blackacre acknowledges those people as the traditional owners and custodians of this land, sovereignty to which was never ceded. Welcome to Blackacre; Farewell to 2017 As another year comes to a close, and another graduating class Journal called us in 2013 at the height of the infamous prepares to pass out of our care into the wide world beyond “Corporate Law Exam Fire Alarm Incident”). I have found our sandstone walls, I usually experience a mixture of relief myself embroiled in quite a few of these kinds of incidents and sadness. Relief to see another year survived; sadness to during my time as Dean of this illustrious law school, and they see the familiar faces of the graduating cohort disappear, off to have taught me a number of things.