法律英语词汇“easement”的翻译、意思、用法、释义-法律词典

单词

easement

释义

easement

easement an incorporeal hereditament that is enjoyed by one person in his capacity as owner of a parcel of land and that confers rights over neighbouring land belonging to another. The land benefited by the existence of this right is referred to as the dominant tenement while the neighbouring land burdened with this right is known as the servient tenement. For an easement to exist, it must be enjoyed by a fee simple owner against a fee simple owner; it cannot, for example, be enjoyed by a fee simple owner against a life tenant or a tenant for years. For an easement to exist as a legal interest, it requires to sub- sist 'for an interest equivalent to an estate in FEE SIMPLE ABSOLUTE IN POSSESSION or a term of years absolute', i.e. in perpetuity or for a fixed terms of years (Law of Property Act 1925, Section 12). Attempts to create easements for other periods (e.g. for the duration of someone's life) will result in the right being, at most, equitable and as such being capable of being overridden by a bona fide purchaser of the legal estate without notice.

An easement of light exists uninterrupted enjoyment of light from a

window for 20 years confers an absolute and indefeasible right to continue to receive such light without obstruction; the only excep- tion is where the enjoyment took place under some deed or written permission or agreement: Prescription Act 1832. Rights acquired in this way are often referred to as ancient lights.

Where an easement other than light has been actually enjoyed for 20

140

economic loss

years it shall not be defeated by reason only that it can be shown that it must have commenced after 1189; however, it may be defeated in any other way possible at common law. An easement enjoyed for 40 years as of right and without interruption is deemed absolute and indefeasible unless enjoyed by written consent: Prescription Act 1832.

随便看

法律词典收录了2351条英汉双解法律词条，基本涵盖了常用法律英语单词及短语词组的翻译及用法，是法律学习的有利工具。