for sale. Albert should be advised that if his ‘easement agreement’ with Bernie is registered before Clara becomes the RP, then her title will be subject to the easement and she will be precluded from constructing a fence. The issues are: 1. Whether Albert and Bernie’s agreement is an easement. 2. The ranking of Albert and Clara’s interests. 3. Whether Albert has any recourse to compel Bernie to execute the Land Title Act (LTA) documents required for registration. Easement Requirements Although Albert refers to his agreement with Bernie as an ‘easement’, it is necessary to distinguish it from a license.…
enquiries including searches on the Torrens Register. Since, Lyn’s lease is an unregistered interest; Georgina could not have had constructive notice and therefore is left with imputed notice. Imputed notice includes knowledge imputed onto the principal by the agent, except where there is fraud on behalf of the agent . Since Sally told Georgina false information she could have not known otherwise. Therefore, since it has been established that Georgina has no notice she is not subject to Lyn’s…
The Trustees of the Davis Conservation Foundation require that you provide a completion report. If the project is not completed within 12 months of receipt of funds, please provide a brief written progress report in the interim. 1. What were your original goals and objectives for this project and to what extent were they achieved? The goal of the project was to hire an intern for the summer of 2016, a student with an environmental focus, to assist with monitoring conservation lands owned by…
It has to be so open, obvious and apparent that the owner has the opportunity to declare their title rights. See Klein v. De Rosa, the law admits that after 15 years, the proprietor has consented with the usage. The Reasoning The easement helps increase the value of the property than utterly facilitating a passage to the grantor. The absence of inheritance in terms are insignificant when the easement is listed clearly as appurtenant to the property. Consequently, the appellant has incorrectly…
What weapons should ‘problem hedges’ be fought with? A ‘problem hedge’ is a hedge that interferes with an owner’s enjoyment of their land by blocking sunlight and the view. Employment of Private law can resolve ‘problem hedges.’ Private law is the law between private individuals; the law of property and obligations. According to Birks, private law has two categories; personal (rights against the person) and property (rights against things). Personal is subdivided into consent, wrongs, unjust…
Easements are given to utility companies for the right to access utility lines or bury cables. Almost every home has an easement. A property owner cannot build on top of an easement. It is important for a property owner to be aware of any easements and where and how big they are on the land. You would make a potential purchaser aware of any easements upon initial instructions to act on their behalf on a potential purchase of a property, especially vacant land. Joint Proprietors A property…
Partnership (Verizon) allowing an easement to Stonebridge Water Tower. In 2000, Highway 64 learned that Verizon had installed cellular equipment on Stonebridge Water Tower and accused them of trespassing and threatened to file a suit against them. In 2001, Verizon (Cellco Partnership) filed a complaint against Shelby County and Highway 64 seeking a declaratory judgement stating the Verizon has the right to use the gravel access road or a declaratory judgement stating that Shelby County must…
The Dakota Pipeline is still an ongoing battle. The determined Standing Rock Sioux tribe and their many supporters are still protesting at full force. However the Deputy secretary of the Army will grant the permit to complete the pipeline. The Army working on the pipeline planned on granting a 30-year easement but it was hailed by Congressional Republicans and decried by Standing Rock Sioux tribe. In recent documents filed with the U.S. District Court for the District of Columbia said Army…
As the truck approached an easement that connected Highway 40 to old Farmers Road, Ronnie Joe felt a sudden chill. He wrapped his jacket tightly around him and sank into his seat. Along that easement was a neighborhood known to locals as Butterville, made up of weather beaten wooden houses on quarter-acre plots with at least a half mile between them. A neighborhood for the menial and the mendicant. There was no running water, no electricity, and no hope. The trees leaned over precariously…
The southern California real estate attorneys at The Law Office of Ernesto F. Aldover provide advice and experience on all aspects of California real property: commercial lease negotiation, drafting of lease agreements, drafting of tenant in common agreements, review and drafting of documents related to the sale, purchase, refinancing or leasing of commercial and residential real estate, easement and boundary agreements, construction contracts, CC&Rs, HOA contracts and much more. As a southern…