Easements,and,Covenants,short, law Easements and Covenants
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A short reply tothe question what are Easements and Covenants sounds: Easements are documentsthat provide a person with a rights to property, Covenants are document thatcontain rules limiting the usage of the property. A more detailed answerfollows. EasementsIn the commonlaw tradition Easement (in some jurisdictions - servitude) is defined as anon-possessory interest to use real property in possession of another personfor a stated purpose. This document is considered a property right in itself atcommon law and is still treated as a type of property in most of existingjurisdictions. Easement does not give the holder the right of"possession" of the property, it provides only with a personalprivilege to use land for a limited purpose. Also the easement provides thatthe benefits of most easements (appurtenant easement) flow to an adjacentparcel of land, not to a specific person. As for the oneprovince that has a Civil Law tradition Quebec, in the Civil Code of Quebec it isnamed servitude and described in the article 117 as following: A servitude is a charge imposed on animmovable, the servient land, in favour of another immovable, the dominantland, belonging to a different owner. There are two types of servitudes - personalservitudes and land (praedial) servitudes. The praedial servitude provides alimited real right to the land of another, which confers on the owner of thedominant tenement, in principle, permanent, defined entitlements of use andenjoyment with regard to the servient tenement. The personal servitude is alimited real right granting the servitude holder specific entitlements of useand enjoyment of a movable of immovable property for a specific period of time(in some cases lifetime) for a maximum of 100 years. CovenantsIn the commonlaw tradition Covenant is a document that runs with the land. It is anagreement between adjoining landowners to do something (affirmative covenant)or to refrain from doing something (restrictive covenant) with relation to theland. Every covenant has two sides burden and benefit. The burden holds thepromissors duty to perform the promise and the benefit the promisee's right toenforce the promise. The covenants are tied to the land and not the owner, soany successor of the land will be able to enforce the covenant or be burdenedby it. In order for the burden of covenant to be legal the followingrequirements must be met. The covenant must be in writing, the original partiesmust have intended that successors be bound by the agreement. The document mustrelate to the use or enjoyment of the land. The owner also must have an actualnotice, inquiry notice, or constructive (record) notice of the covenant at thetime of purchase. In order for the benefit of the covenant to run with theland, the following requirements must be met. The document must be in writingand must meet the appropriate requirements similar to requirements of theburden to be enforceable. For moreinformation regarding TrademarkLawyers, Patent Lawyers, Real Estate Lawyersand legal services please visit: www.lawyerahead.ca
Easements,and,Covenants,short,