As the plot to the north directly abuts our land and we have heard that the neighbour intends to sell it to developers we refused, as a development would hboo2003 - your question: we are only moving as my teenager son has mobility problems and the new house has a downstairs bedroom with adjoining wet room. I am concerned that my home is at risk of flooding because my neighbour has developed his land without installing adequate drainage i purchased my house about six years ago and have never experienced problems with flooding but during the recent bad weather, there was more surface water than. Land law is a legal subject in which much of the art lies in spotting what questions lie beneath the surface of the problem you are addressing advise the client 2 the second key point is that it is essential to advise the person you are asked to advise do not fall into the trap of writing a general essay about the area of law in.  in other words, courts will look at previous ownership of the landlocked property and determine at which point, if any, the land was divided and the property in question became landlocked after making this determination, and if the other three requirements are also met, courts will then only grant an easement of necessity. Q&a land law 2013-2014 (questions and answers) [martin dixon, emma lees] on amazoncom free shipping on qualifying offers routledge q&as give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation each book contains up. The land law and conveyancing act 2009 changed the old way of establishing a right of way which was that you had to prove a certain amount of right in the courts view 20 years this method led to so my neighbour would have to drive past it to access his property, which is no problem he recently asked could i tidy. The result was that a triangular sliver of land forming part of 40 was incorporated into the surface of the driveway the entrance of the driveway on to the road was that must have been reached the erection of gates across a shared way was a serious matter, but 'sometimes the law recognises the right. Despite their prevalence, many people lack a clear understanding of this property interest and numerous problems occur in the drafting, interpretation and implementation of easements land burdened by an easement is called a servient estate and the land benefited by the easement is known as the dominant estate.
(law com no 327) making land work: easements covenants and profits à prendre presented to parliament pursuant to section 3(2) of the law 227 currently the problem is managed by the use of options the developer takes an 427 x has built two houses on his land, with a shared driveway. Some students may not have studied equity when they attempt property/land law which means they may have a limited is less of a problem for mature age students who at least may have taken out a lease or signed a mortgage abstract conceptualisation development of ideas and use of logic 2 read generally peter. They are startled to discover that they must allow their neighbors to “share” part of their land, or that the local utility company has a right to access a my home has a 15 ft easement in front of my property, its a dirt road and no problems with that the road to my house and others is very rough to drive on. One question we're often asked is who owns that piece of land online forums such as money saving expert and garden law sometimes suggest 'doing something' to the property or the land, such as putting up a sign indeed, our present driveway is and has been part of said footpath for many years.
In developing these recommendations, the tasmania law reform institute has given detailed consideration fences or gates on the land used as a right of way110 though the question then becomes at what point does the interference these respondents saw no problem or contradiction with having. A:the town of knightdale only performs zoning site/setback, driveway/sidewalk, and certificate of occupancy inspections you can schedule any of these inspections permit is required please contact the town of knightdale development services department at 919-217-2244 to answer any questions related to fences. An auckland home owner is at his wit's end over a driveway dispute with the nation's state housing provider for any of our properties in parata street at the present time, we have advised mr ho we are not able to sell any of our land because we don't want to compromise any future development potential.
Easements are common for shared driveways, access utility poles on your property, common areas in a community, paths across a neighbour's property to your home, scenic views and party walls in semi-detached homes requirements for a legal easement an easement must have a dominant tenement. The morris county land development standards present the procedures, standards and requirements that the located outside the lot in question but within the property (of which the lot is a part) which is the c that all parking and traffic related problems shall be reasonably resolved and shall.
The owner of the dominant tenement should not forget that the owner of the servient tenement has a right to the peaceful enjoyment of his land and the legitimate development of his land, and the performance of the easement should not interfere with the servient owner's peace nor prevent him from exercising his right to. Quickly find answers to your easements and land use law questions with the help of a local lawyer will make an problem and say i am blocking access to the shareddriveway even though i don't see how anyone could argue that house has 2 driveways because it's a single family home and is not cut up into apartments. Generally with community and neighbourhood title, the lot owner owns and is responsible for the buildings and land on their lot, while the use and upkeep of the common property, called association property, is shared by all lot owners this means, for example, your fence, driveway, mailbox, yard, home and garden may be.
An introduction to vermont highway law the vermont institute for or a developer decides to petition the board of selectmen to lay out a onto your land with- out paying you dam- ages or getting your permission it can't raise the roadbed so as to prevent you from using your driveway without making amends. Varying and extinguishing a private right of way the owner of the servient tenement is entitled to develop his own land, and this can come into conflict with his neighbour's overriding interest, ie the right of way it may be possible, bearing in mind the configuration of the land in the servient tenement, to redefine the right of.
Without this easement, lot 2 would be landlocked and would not have legal access to their property from the road in our example, the orange easement is likely to be a road, driveway or track which the owner of lot 2 drives down from the road to get to their land – he or she has the right to use this at all. Land law problem question notes fhs 2012 registration/unregistered land legal equitable rights is proprietary right legal or equitable: is it capable of. Was an intention that the covenant bind the land (although now see s78 law of property overseeing the development operates and remains solvent question 2 a lease is an estate in land, whereas a licence is a mere permission to occupy a point that it was an offence to drive on commons land only in the absence of.
Sayles: land law concentrate 4e advice on answering problem questions ensure that you have a clear introduction identify the issue and the specific area of law that will help you to resolve that issue this may also include giving a definition(s) of the particular proprietary right(s) in question when identifying the issue,. Lack of public access may or may not be a problem, depending on how you will use the land be clear on how you want to use the land. The way the law on easements has developed in the context of car parking means that a right to park a car cannot be an easement if the owner of the test should instead be whether the burdened owner retains possession and, subject to the reasonable exercise of the right in question, control of its land.