are easements legal or equitable?
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Legal and Equitable Easements A legal easement “binds the world”; this means it is exercisable against any owner of the servient land regardless of whether they are put on notice of it. ... An equitable easement on the other hand will only bind a purchaser of the servient land if he has notice of its existence.
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Tenants in common If the property is sold, the sale proceeds can be either split equally or unequally. The presumption would be an equal split, but where monies are provided unequally a Trust Deed can be entered into between the parties which sets out the proportions owned by each party.
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A purchaser under an installment land contract is usually not protected by foreclosure statutes as with a mortgage or deed of trust. ... The purchaser may also face difficulties obtaining a loan against the property or later selling the property until they obtain legal title.
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However, sidewalks are lumped under public right of way under Title 3, section 3, of the code. ... By these definitions, sidewalks are public property, just like streets are public property.
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Legal remedies allow the non-breaching party to recover monetary damages. In contrast, equitable remedies are non-monetary solutions to resolve the disputed issue.
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Minnesota is not a "community property" state, in which all marital property is divided directly in half. Instead, Minnesota (as most other states) adheres to the concept of equitable distribution. This is a more comprehensive and nuanced method, in which the judge decides what is equitable (or fair) for both parties.
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Standard policies do not cover encroachments such as a neighbor's fence or structure over a property line. Enhanced policies provide coverage for such encroachments, and also cover adverse possession which occurs when an encroachment exists for a period of uninterrupted years as defined in state law.
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When you get divorced, community property is generally divided equally between the spouses, while each spouse gets to keep his or her separate property. Equitable distribution: In all other states, assets and earnings accumulated during marriages are divided equitably (fairly) but not necessarily equally.
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Unless you are contracted to plow a municipal street it is illegal i believe and you could very easily be sued by those on the road. The municipalitys defense could easily be that you disrupted and interefered with there clearing of a street.
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It may be a partial interest in the property or it may be the full. However, because you have title, you can access the land and potentially modify it as you see fit. ... Deeds, on the other hand, are actually the legal documents that transfer title from one person to another.
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An easement gives one person the right to use the property of another. ... The latter refers to the right you have over another individual's land while the former refers to the use of one's land for the benefit of adjoining lands. Rights of Way allows an individual to enter your property and use it as a passage.
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So to answer the question, equity law is a component of the common law which developed in the English Courts of Chancery. Today, most common law jurisdictions have “fused” these two courts together, so that legal and equitable claims can be heard in the same physical court and often in the same civil action.
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An easement appurtenant is a covenant that runs with the land. ... An easement appurtenant affects two parcels of land owned by different parties, where the parcel of land that: Benefits from the easement is called the dominant estate.
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The Right to Acquire initiative is very similar to the Right to Buy scheme. The only difference is it applies to housing association tenants as opposed to council tenants. ... It gives tenants the right to buy their property at a reduced cost.
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If you want to know where any utility easements are located on your property, call the utility company. Or you can go to the county land records office or city hall and ask a clerk to show you a map of the easement locations. A survey of the property will also show the location of utility easements.
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Is Michigan a Community Property State? ... Michigan is an “equitable distribution” state, which means that divorce courts in Michigan may distribute the marital assets of spouses in a way they believe is fair. Equitable (fair) distribution is not necessarily an “equal” distribution.
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['There must be a dominant and a servient tenement;', 'The easement must accommodate the dominant tenement, that is, be connected with its enjoyment and for its benefit;', 'The dominant and servient owners must be different persons;']