Law

The Law Relating To Appurtenant Rights Over Freehold Land Such As Easements Covenants Rent Charges And Profit A Prendre

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Personal property attached to real estate by a tenant for the purpose of his or her business is classified as a trade, or chattel, fixture and remains personal property. Four legal tests determine if an item is a fixture or not: intent, relationship of the annexing party to the property, method of annexation and adaptability (which may be referred to as the Total Circumstances Test). An estate is the degree, quantity, nature and extent of interest a person holds in land. Freehold estates are estates of indeterminate length. Less-than- freehold estates are called nonfreehold, or leasehold, estates, and they concern tenants. A parcel of land may be a freehold and nonfreehold at the same time. A freehold estate may be a fee simple estate or a life estate. A fee simple estate can be absolute or defeasible on the happening of some event. A conventional life estate is created by the owner of a fee estate. a legal life estate is created by the Law. An easement is a right in the land of another which enables the landowner to restrict in some way the use of adjoining land by another party. It is the right acquired by one person to use another’s real estate. There are two types of easements: easement appurtenant and easement in gross. An easement appurtenant involves two separately owned tracts. The track benefited is known as the dominant tenement . the tract subject to the easement is called the servient tenement . An appurtenant easement is an encumbrance to the servient estate and a benefit to the dominant estate.

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