If the property you're planning to buy includes an easement, find out all you can—it'll affect your homeowner property rights. Here's what you need to know.
Section 193(4) of the Law of Property Act 1925 makes it a criminal offence to drive a vehicle over a common. Section 34 of the Road Traffic Act 1988 makes it a criminal offence to drive a motor vehicle over land that is not a road, that is a restricted byway, or over which a pub...
So here’s how I would look at your particular issue. Yes, in common and legal terms you might say a right to own is a right to use. As I have explained — see ch. 11 of my book, alsoThe Non-Aggression Principle as a Limit on Action, Not on Property Rights, StephanKinsella.com...
Under a conservation easement, a property's owner gives up the right to make certain changes to that property, to preserve it for future generations. Such an easement usually limits the usefulness of the property and lowers its value. When a conservation
For instance, you may not be able to repair your vehicle along the driveway, or you may have parking restrictions. If you have a limited amount of parking on your property and you want to have guests over, you may be limited in how you can use the driveway to offer your guests parki...
How do I modify a covenant through the Supreme Court? To modify a covenant through theProperty Law Act1958, or Supreme Court, process, an applicant will typically need a planning report prepared by a planner with experience in this area of law and an Originating Motion drafted by a solicitor...
How to avoid creating a precedent in a section 84 modification application A common challenge in settling an application to modify a restrictive covenant pursuant to section 84 of the Property Law Act 1958 is dealing with beneficiaries’ concerns that “if we agree to this application, future deve...
The Victorian Law Reform Commission adopted a somewhat similar recommendation in its report on Easements and Covenants: 45. In an application under section 84 of theProperty Law Act 1958(Vic), the court or VCAT should apply the following principles to the award of costs: ...
Such assets can also belong to the regions, metropolitan cities, provinces, or municipalities—the intermediate administrative partitions in Italian system - equally subject to the state property regime. Public use is exercised on state property [1], i.e., the community can enjoy its benefits ...