Site assembly and development Dissertation Example | Topics and Well Written Essays - 2000 words

Site assembly and development - Dissertation ExampleII. The Definition of An Easement Basic completelyy, someone who has an embossment is someone who can tramp down on someone elses property. That person is called the servient. The holder of an assuagement has the right to use a tract of land, called the servient tenement but has very little rights otherwise.1 Easements perplex in an inexhaustible amount of forms, and, for example, adjacent properties might come into play, such as was the case in Bailey v Stevens (1862). Sometimes there are implied easements, as in the case of Wheeldon v Burrows. Whatever the case, it is quite possible that the definition of who owns an easement should actually be defined better. For example, instead of having four requirements for the definition of an easement to be metbasically stating who owns an easementan easement should be clearly defined in a one-sentence statement or paragraph. This would thus put to rest all the haggling behind what an e asement consists of and that of which it does not consist. Easements present a problem, not only in face law, but all over the world. People discord all the time as to what constitutes an easement, and who has a right to share what. As such, the definition of what an easement is, and why it begs to be defined, are partially societal problems. If English society were more communal rather than individual in nature, most likely there would not be such a problem with the sentiment of having to share space. But, since like the West, the UK has been enlightened in terms of having to have at least 10 metres of space per person even in office space, it so follows that it would probably be only natural for someone from England demanding justice if a neighbour came to fish in his or her pond, swim in a backyard pool, or use the lavatory at ones whim. As such, it can be very difficult to actually define an easement, especially if the person exploitation the easement does not want to formal ly admit that he or she is using the other persons property illegally. Also, the dominant may not want to admit that there is an easement between both the dominant and the servient, as the dominant may feel that, legitimating that relationship might therefore pass water the servient some type of rights or ownership to his or her propertywhich it does, but that is almost entirely beside the point. The person who holds the easement doesnt exactly own the property. Its more like, they are borrowing it or using it for a certain time and then wont be there anymore. Usage of an easement is, for the majority, not continuous. Thus, these facts should be taken into account when one is considering either making an easement formal or doing something in order to make the process of acquiring an easement possible. In all circumstances, paperwork should always be filled out so there is no misunderstanding between the dominant and the servient. This is essential for the relationship. III. What l av Be Done with an Easement Although an easement itself is defined by four strict necessities by law, what can be done with an easement should definitely be clarified. It has been said that an easement is extinguished if the dominant and servient tenements come into the same ownership2 That may be true, but unless it was expressly written into the law in such a like manner, one might never know that that had been the case. Even so, there are such things as