Will and testament
A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, names one or more persons, the executor, to manage the estate until its final distribution. For the devolution of property not disposed of by will, see inheritance and intestacy. Though it has at times been thought that a "will" was limited to real property while "testament" applies only to dispositions of personal property, the historical records show that the terms have been used interchangeably. Thus, the word "will" validly applies to both real property. A will may create a testamentary trust, effective only after the death of the testator. Throughout most of the world, disposal of an estate has been a matter of social custom. According to Plutarch, the written will was invented by Solon, it was a device intended for men who died without an heir. The English phrase "will and testament" is derived from a period in English law when Old English and Law French were used side by side for maximum clarity.
Other such legal doublets include "breaking and entering" and "peace and quiet". The conception of the freedom of disposition by will, familiar as it is in modern England and the United States, both considered common law systems, is by no means universal. In fact, complete freedom is the exception rather than the rule. Civil law systems put some restrictions on the possibilities of disposal. Advocates for gays and lesbians have pointed to the inheritance rights of spouses as desirable for same-sex couples as well, through same-sex marriage or civil unions. Opponents of such advocacy rebut this claim by pointing to the ability of same-sex couples to disperse their assets by will. However, it was observed that "ven if a same-sex partner executes a will, there is risk that the survivor will face prejudice in court when disgruntled heirs challenge the will", with courts being more willing to strike down wills leaving property to a same-sex partner on such grounds as incapacity or undue influence.
Types of wills include: nuncupative - oral or dictated. Holographic will - written in the hand of the testator. Self-proved - in solemn form with affidavits of subscribing witnesses to avoid probate. Notarial - will in public prepared by a civil-law notary. Mystic - sealed until death. Serviceman's will - will of person in active-duty military service and lacking certain formalities under English law. Reciprocal/mirror/mutual/husband and wife wills - wills made by two or more parties that make similar or identical provisions in favor of each other. Unsolemn will - will in which the executor is unnamed. Will in solemn form - signed by testator and witnesses; some jurisdictions recognize a holographic will, made out in the testator's own hand, or in some modern formulations, with material provisions in the testator's hand. The distinctive feature of a holographic will is less that it is handwritten by the testator, that it need not be witnessed. In Louisiana this type of testament is called an Mystic will.
It must be written and signed in the handwriting of the testator. Although the date may appear anywhere in the testament, the testator must sign the testament at the end of the testament. Any additions or corrections must be hand written to have effect. In England, the formalities of wills are relaxed for soldiers who express their wishes on active service. A minority of jurisdictions recognize the validity of nuncupative wills for military personnel or merchant sailors. However, there are constraints on the disposition of property if such an oral will is used. Administrator - person appointed or who petitions to administer an estate in an intestate succession; the antiquated English term of administratrix was used to refer to a female administrator but is no longer in standard legal usage. Beneficiary - anyone receiving a gift or benefiting from a trust Bequest - testamentary gift of personal property, traditionally other than money. Codicil - amendment to a will. Decedent - the deceased Demonstrative Legacy - a gift of a specific sum of money with a direction, to be paid out of a particular fund.
Descent - succession to real property. Devise - testamentary gift of real property. Devisee - beneficiary of real property under a will. Distribution - succession to personal property. Executor/executrix or personal representative - person named to administer the estate subject to the supervision of the probate court, in accordance with the testator's wishes in the will. In most cases, the testator will nominate an executor/PR in the will unless that person is unable or unwilling to serve. In some cases a literary executor may be appointed to manage a literary estate. Exordium clause is the first paragraph or sentence in a will and testament, in which the testator identifies himself or herself, states a legal domicile, revokes any prior wills. Inheritor - a beneficiary in a succession, testate or intestate. Intestate - person who has not created a will, or who does not have a valid will at the time of death. Legacy - testamentary gift of personal property, traditionally of m
Lost, mislaid, and abandoned property
Lost and abandoned property are categories of the common law of property which deals with personal property or chattel which has left the possession of its rightful owner without having directly entered the possession of another person. Property can be considered lost, mislaid or abandoned depending on the circumstances under which it is found by the next party who obtains its possession. There is an old saying that possession is nine-tenths of the law dating back centuries; this means that in most cases, the possessor of a piece of property is its rightful owner without evidence to the contrary. More colloquially, this may be called keepers; the contradiction to this principle is theft by finding, which may occur if conversion occurs after finding someone else's property. The rights of a finder of such property are determined in part by the status; because these classifications have developed under the common law of England, they turn on nuanced distinctions. The general rule attaching to the three types of property may be summarized as: A finder of property acquires no rights in mislaid property, is entitled to possession of lost property against everyone except the true owner, is entitled to keep abandoned property.
This rule varies by jurisdiction. Property is deemed to have been lost if it is found in a place where the true owner did not intend to set it down, where it is not to be found by the true owner. At common law, the finder of a lost item could claim the right to possess the item against any person except the true owner or any previous possessors; the underlying policy goals to these distinctions are to see that the property is returned to its true original owner, or "title owner." Most jurisdictions have now enacted statutes requiring that the finder of lost property turn it in to the proper authorities. In Britain, many public businesses have a dedicated Lost Property Office, which in the United States would be called a lost and found, where lost property can be reported and reclaimed free of charge. Many exceptions may be applied at common law to the rule that the first finder of lost property has a superior claim of right over any other person except the previous owner. For example, a trespasser's claim to lost property which he finds while trespassing is inferior to the claim of the respective landowner.
As a corollary to this exception, a landowner has superior claim over a find made within the non-public areas of his property, so if a customer finds lost property in the public area of a store, the customer has superior claim to the lost property over that of the store-owner, but if the customer finds the lost property in the non-public area of that store, such as an area marked "Employees Only," the store-owner will have superior claim, as the customer was trespassing when he found it. The status of finders as employees or tenants of the landowner complicates matters, because employees and tenants have legitimate access to non-public areas of a landowner's property that others would not, without trespassing. Employees and tenants, still lose superior claim over lost property to their employers or landlords if the property is found within the scope of their employment, or outside the actual leased area, respectively. For example, if the lost property is found by a tenant inside the walls of his leasehold, or by an employee embedded within the soil of an estate owned by his employer, the landowner of the property where it was found has a superior claim of right over that of the finder.
However, this is not always the case, as a long-term tenant who finds lost property within the leased area of his leasehold may have a superior claim over that of his landlord. While employers have a superior claim over lost property found by their employees, exceptions to this exist as well, as modern law sometimes grants the employee superior claim if turning over lost property to his employer is not part of his job description. Since animals are mobile and are thus capable of becoming lost on their own, the loss of property, a valuable animal has its own set of rules. A valuable animal that becomes lost does so by leaving its owner's real property and arriving on another property owner's land. Estrays are confined to domesticated animals, like livestock, not wild animals. Since common pets are not considered valuable animals and cats are never considered estrays. In many jurisdictions of the U. S. a person who discovers an estray will be required to file an affidavit of estray, along with its description, impound that animal in some way for a period of time.
If the estray is branded, the owner can be identified immediately. The owner of the estray will have a limited time frame in which to reclaim his property after a Notice of Estray is published, but on the expiration of such time another person or entity will be designated the new title owner of the property. Fees for impounding the estray will accumulate which the property owner will be responsible for paying; the status of a stray domestic animal is dependent on local jurisdictions. See Feral cat, Free-ranging dog. Given the significant number of feral dogs and cats, the finder of a lost dog or cat may have little or no restrictions to claiming the animal as his own property. Like animals, fugitive slave
In English common law, real property, real estate, realty, or immovable property is land, the property of some person and all structures integrated with or affixed to the land, including crops, machinery, dams, mines and roads, among other things. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property was, continues to be, all property, not real property. In countries with personal ownership of real property, civil law protects the status of real property in real-estate markets, where estate agents work in the market of buying and selling real estate. Scottish civil law calls real property "heritable property", in French-based law, it is called immobilier; the word "real" derives from Latin res, used in Middle English to mean "relating to things real property". In common law, real property was property that could be protected by some form of real action, in contrast to personal property, where a plaintiff would have to resort to another form of action.
As a result of this formalist approach, some things the common law deems to be land would not be classified as such by most modern legal systems, for example an advowson was real property. By contrast the rights of a leaseholder originate in personal actions and so the common law treated a leasehold as part of personal property; the law now broadly distinguishes between real personal property. The conceptual difference was between immovable property, which would transfer title along with the land, movable property, which a person would retain title to. In modern legal systems derived from English common law, classification of property as real or personal may vary somewhat according to jurisdiction or within jurisdictions, according to purpose, as in defining whether and how the property may be taxed. Bethell contains much historical information on the historical evolution of real property and property rights. To be of any value a claim to any property must be accompanied by a verifiable and legal property description.
Such a description makes use of natural or manmade boundaries such as seacoasts, streams, the crests of ridges, highways and railroad tracks or purpose-built markers such as cairns, surveyor's posts, official government surveying marks, so forth. In many cases, a description refers to one or more lots on a plat, a map of property boundaries kept in public records; the law recognizes different sorts of interests, called estates, in real property. The type of estate is determined by the language of the deed, bill of sale, land grant, etc. through which the estate was acquired. Estates are distinguished by the varying property rights that vest in each, that determine the duration and transferability of the various estates. A party enjoying an estate is called a "tenant"; some important types of estates in land include: Fee simple: An estate of indefinite duration, that can be transferred. The most common and most absolute type of estate, under which the tenant enjoys the greatest discretion over the disposal of the property.
Conditional Fee simple: An estate lasting forever as long as one or more conditions stipulated by the deed's grantor does not occur. If such a condition does occur, the property reverts to the grantor, or a remainder interest is passed on to a third party. Fee tail: An estate which, upon the death of the tenant, is transferred to his or her heirs. Life estate: An estate lasting for the natural life of the grantee, called a "life tenant". If a life estate can be sold, a sale does not change its duration, limited by the natural life of the original grantee. A life estate pur; such an estate may arise if the original life tenant sells her life estate to another, or if the life estate is granted pur autre vie. Leasehold: An estate of limited term, as set out in a contract, called a lease, between the party granted the leasehold, called the lessee, another party, called the lessor, having a longer estate in the property. For example, an apartment-dweller with a one-year lease has a leasehold estate in her apartment.
Lessees agree to pay a stated rent to the lessor. Though a leasehold relates to real property, the leasehold interest is classified as personal property. A tenant enjoying an undivided estate in some property after the termination of some estate of limited term, is said to have a "future interest". Two important types of future interests are: Reversion: A reversion arises when a tenant grants an estate of lesser maximum term than his own. Ownership of the land returns to the original tenant; the original tenant's future interest is a reversion. Remainder: A remainder arises when a tenant with a fee simple grants someone a life estate or conditional fee simple, specifies a third party to whom the land goes when the life estate ends or the condition occurs; the third party is said to have a remainder. The third party may have a legal right to limit the life tenant's use of the land. Estates may be held jointly as joint tenants as tenants in common; the difference in these two types of joint ownership of an estate in land is the inheritability of the estate and the shares of interest that each tenant owns.
In a joint tenancy with rights of survivorshi
A contract is a legally-binding agreement which recognises and governs the rights and duties of the parties to the agreement. A contract is enforceable because it meets the requirements and approval of the law. An agreement involves the exchange of goods, money, or promises of any of those. In the event of breach of contract, the law awards the injured party access to legal remedies such as damages and cancellation. In the Anglo-American common law, formation of a contract requires an offer, consideration, a mutual intent to be bound; each party must have capacity to enter the contract. Although most oral contracts are binding, some types of contracts may require formalities such as being in writing or by deed. In the civil law tradition, contract law is a branch of the law of obligations. At common law, the elements of a contract are offer, intention to create legal relations and legality of both form and content. Not all agreements are contractual, as the parties must be deemed to have an intention to be bound.
A so-called gentlemen's agreement is one, not intended to be enforceable, "binding in honour only". In order for a contract to be formed, the parties must reach mutual assent; this is reached through offer and an acceptance which does not vary the offer's terms, known as the "mirror image rule". An offer is a definite statement of the offeror's willingness to be bound should certain conditions be met. If a purported acceptance does vary the terms of an offer, it is not an acceptance but a counteroffer and, therefore a rejection of the original offer; the Uniform Commercial Code disposes of the mirror image rule in §2-207, although the UCC only governs transactions in goods in the USA. As a court cannot read minds, the intent of the parties is interpreted objectively from the perspective of a reasonable person, as determined in the early English case of Smith v Hughes, it is important to note that where an offer specifies a particular mode of acceptance, only an acceptance communicated via that method will be valid.
Contracts may be unilateral. A bilateral contract is an agreement in which each of the parties to the contract makes a promise or set of promises to each other. For example, in a contract for the sale of a home, the buyer promises to pay the seller $200,000 in exchange for the seller's promise to deliver title to the property; these common contracts take place in the daily flow of commerce transactions, in cases with sophisticated or expensive precedent requirements, which are requirements that must be met for the contract to be fulfilled. Less common are unilateral contracts in which one party makes a promise, but the other side does not promise anything. In these cases, those accepting the offer are not required to communicate their acceptance to the offeror. In a reward contract, for example, a person who has lost a dog could promise a reward if the dog is found, through publication or orally; the payment could be additionally conditioned on the dog being returned alive. Those who learn of the reward are not required to search for the dog, but if someone finds the dog and delivers it, the promisor is required to pay.
In the similar case of advertisements of deals or bargains, a general rule is that these are not contractual offers but an "invitation to treat", but the applicability of this rule is disputed and contains various exceptions. The High Court of Australia stated that the term unilateral contract is "unscientific and misleading". In certain circumstances, an implied contract may be created. A contract is implied in fact if the circumstances imply that parties have reached an agreement though they have not done so expressly. For example, John Smith, a former lawyer may implicitly enter a contract by visiting a doctor and being examined. A contract, implied in law is called a quasi-contract, because it is not in fact a contract. Quantum meruit claims are an example. Where something is advertised in a newspaper or on a poster, the advertisement will not constitute an offer but will instead be an invitation to treat, an indication that one or both parties are prepared to negotiate a deal. An exception arises if the advertisement makes a unilateral promise, such as the offer of a reward, as in the famous case of Carlill v Carbolic Smoke Ball Co, decided in nineteenth-century England.
The company, a pharmaceutical manufacturer, advertised a smoke ball that would, if sniffed "three times daily for two weeks", prevent users from catching the'flu. If the smoke ball failed to prevent'flu, the company promised that they would pay the user £100, adding that they had "deposited £1,000 in the Alliance Bank to show our sincerity in the matter"; when Mrs Carlill sued for the money, the company argued the advert should not be taken as a serious binding offer. Although an invitation to treat cannot be accepted, it should not be ignored, for it may affect the offer. For instance, where an offer is made in response to an invitation to treat, the offer may incorporate the terms of the invitation to treat. If, as in the Boots case, the offer is made by an action without any
Treasure trove is an amount of money or coin, silver, plate, or bullion found hidden underground or in places such as cellars or attics, where the treasure seems old enough for it to be presumed that the true owner is dead and the heirs undiscoverable. The legal definition of what constitutes treasure trove and its treatment under law vary from country to country, from era to era; the term is often used metaphorically. Collections of articles published as a book are titled Treasure Trove, as in A Treasure Trove of Science; this was fashionable for titles of children's books in the early- and mid-20th century. Treasure trove, sometimes rendered treasure-trove means "treasure, found"; the English term treasure trove was derived from tresor trové, the Anglo-French equivalent of the Latin legal term thesaurus inventus. In 15th-century English the Anglo-French term was translated as "treasure found", but from the 16th century it began appearing in its modern form with the French word trové anglicized as trovey, trouve or trove.
The term wealth deposit has been proposed as a more accurate alternative. The term treasure trove is used metaphorically to mean a "valuable find", hence a source of treasure, or a reserve or repository of valuable things. Trove is used alone to refer to the concept, the word having been reanalysed as a noun via folk etymology from an original Anglo-French adjective trové. Treasure trove is therefore akin to similar Anglo-French or Anglo-French-derived legal terms whereby a post-positive adjective in a noun phrase has been reanalysed as a compound noun phrase, as in court martial, force majeure, Princess Royal. Phrases of this form are used either with the etymologically correct plural form or as rederived plural forms. In the case of treasure trove, the typical plural form is always treasure troves, with treasures trove found in historical or literary works. In Roman law, treasure trove was called thesaurus, defined by the Roman jurist Paulus as "vetus quædam depositio pecuniæ, cujus non extat memoria, ut jam dominum non habeat".
R. W. Lee, in his book The Elements of Roman Law, commented that this definition was "not quite satisfactory" as treasure was not confined to money, nor was there any abandonment of ownership. Under the emperors, if treasure was found on a person's own land or on sacred or religious land, the finder was entitled to keep it. However, if the treasure was found fortuitously, not by deliberate search, on another person's land, half went to the finder and half to the owner of the land, who might be the emperor, the fiscus, the city, or some other proprietor. According to Dutch jurist Hugo Grotius, as the feudal system spread over Europe and the prince was looked on as the ultimate owner of all lands, his right to the treasure trove became jus commune et quasi gentium in England, France and Denmark. An interpretation of Roman law regarding treasure troves makes an appearance in the 13th chapter of the Gospel of Matthew; the Parable of the Hidden Treasure is told by Jesus of Nazareth to the crowds surrounding him and his disciples.
In the parable, the treasure trove is hidden in a field, open country and anyone could conceivably discover something hidden in that location. It's assumed that the present owner has no knowledge or memory of the treasure; the finder of the treasure kept the trove secret until he could raise capital to purchase the land holding the trove. Selling all he had, the finder purchased the land and unearthed the trove and, as the finder and owner, he was entitled to the entire trove. Jesus compared the kingdom of Heaven to the trove, being of greater value than all a person's earthly wealth and a wise investment that not everyone understands at first, it has been said that the concept of treasure trove in English law dates back to the time of Edward the Confessor. Under the common law, treasure trove was defined as gold or silver in any form, whether coin, plate or bullion, hidden and rediscovered, which no person could prove he or she owned. If the person who had hidden the treasure was known or discovered it belonged to him or her or persons claiming through him or her such as descendants.
To be treasure trove, an object had to be – that is, more than 50% – gold or silver. Treasure trove had to be hidden with animus revocandi. If an object was lost or abandoned, it belonged either to the first person who found it or to the landowner according to the law of finders, that is, legal principles concerning the finding of objects. For this reason, the objects found in 1939 at Sutton Hoo were determined not to be treasure trove; the Crown had a prerogative right to treasure trove, if the circumstances under which an object was found raised a prima facie presumption that it had been hidden, it belonged to the Crown unless someone else could show a better title to it. The Crown could grant its right to treasure trove to any person in the form of a franchise, it was the duty of the finder, indeed of anyone who had acquired
In law, common law is that body of law derived from judicial decisions of courts and similar tribunals. The defining characteristic of "common law" is. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision. If, the court finds that the current dispute is fundamentally distinct from all previous cases, legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue; the court states an opinion that gives reasons for the decision, those reasons agglomerate with past decisions as precedent to bind future judges and litigants. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, regulations which are promulgated by the executive branch.
Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems. The common law—so named because it was "common" to all the king's courts across England—originated in the practices of the courts of the English kings in the centuries following the Norman Conquest in 1066; the British Empire spread the English legal system to its historical colonies, many of which retain the common law system today. These "common law systems" are legal systems that give great precedential weight to common law, to the style of reasoning inherited from the English legal system. Today, one-third of the world's population lives in common law jurisdictions or in systems mixed with civil law, including Antigua and Barbuda, Bahamas, Barbados, Botswana, Cameroon, Cyprus, Fiji, Grenada, Hong Kong, Ireland, Jamaica, Liberia, Malta, Marshall Islands, Namibia, New Zealand, Pakistan, Papua New Guinea, Sierra Leone, South Africa, Sri Lanka and Tobago, the United Kingdom, the United States, Zimbabwe.
Some of these countries have variants on common law systems. The term common law has many connotations; the first three set out here are the most-common usages within the legal community. Other connotations from past centuries are sometimes seen and are sometimes heard in everyday speech; the first definition of "common law" given in Black's Law Dictionary, 10th edition, 2014, is "The body of law derived from judicial decisions, rather than from statutes or constitutions. This usage is given as the first definition in modern legal dictionaries, is characterized as the “most common” usage among legal professionals, is the usage seen in decisions of courts. In this connotation, "common law" distinguishes the authority. For example, the law in most Anglo-American jurisdictions includes "statutory law" enacted by a legislature, "regulatory law" or “delegated legislation” promulgated by executive branch agencies pursuant to delegation of rule-making authority from the legislature, common law or "case law", i.e. decisions issued by courts.
This first connotation can be further differentiated into pure common law arising from the traditional and inherent authority of courts to define what the law is in the absence of an underlying statute or regulation. Examples include most criminal law and procedural law before the 20th century, today, most contract law and the law of torts. Interstitial common law court decisions that analyze and determine the fine boundaries and distinctions in law promulgated by other bodies; this body of common law, sometimes called "interstitial common law", includes judicial interpretation of the Constitution, of legislative statutes, of agency regulations, the application of law to specific facts. Publication of decisions, indexing, is essential to the development of common law, thus governments and private publishers publish law reports. While all decisions in common law jurisdictions are precedent, some become "leading cases" or "landmark decisions" that are cited often. Black's Law Dictionary 10th Ed. definition 2, differentiates "common law" jurisdictions and legal systems from "civil law" or "code" jurisdictions.
Common law systems place great weight on court decisions, which are considered "law" with the same force of law as statutes—for nearly a millennium, common law courts have had the authority to make law where no legislative statute exists, statutes mean what courts interpret them to mean. By contrast, in civil law jurisdictions, courts lack authority to act. Civil law judges tend to give less weight to judicial precedent, which means that a
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B", it is similar to equitable servitudes. Easements are helpful for providing pathways across two or more pieces of property, allowing individuals to access other properties or a resource, for example to fish in a owned pond or to have access to a public beach. An easement is considered as a property right in itself at common law and is still treated as a type of property in most jurisdictions; the rights of an easement holder vary among jurisdictions. The common law courts would enforce only four types of easement: Right-of-way Easements of support Easements of "light and air" Rights pertaining to artificial waterwaysModern courts recognize more varieties of easements, but these original categories still form the foundation of easement law. An affirmative easement is the right to use another property for a specific purpose, a negative easement is the right to prevent another from performing an otherwise lawful activity on their own property.
For example, an affirmative easement might allow land owner A to drive their cattle over the land of B. A has an affirmative easement from B. Conversely, a negative easement might restrict A from putting up a wall of trees that would block B's mountain view, A has a negative easement from B; as defined by Evershed MR in Re Ellenborough Park Ch 131, an easement requires the existence of at least two parties. The party gaining the benefit of the easement is the dominant estate, while the party granting the benefit or suffering the burden is the servient estate. For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house. Here, parcel A is the dominant estate, receiving the benefit, parcel B is the servient estate, granting the benefit or suffering the burden. A private easement is held by private entities. A public easement grants an easement for a public use, for example, to allow the public an access over a parcel owned by an individual. In the US, an easement appurtenant is one that benefits the dominant estate and "runs with the land" and so transfers automatically when the dominant estate is transferred.
An appurtenant easement allows property owners to access land, only accessible through a neighbor's land. Conversely, an easement in gross benefits an individual or a legal entity, rather than a dominant estate; the easement can be for a commercial use. An easement in gross was neither assignable nor inheritable, but commercial easements are now transferable to a third party, they are divisible but must be exclusive and all holders of the easement must agree to divide. If subdivided, each subdivided parcel enjoys the easement. A floating easement exists when there is no fixed location, method, or limit to the right of way. For example, a right of way may cross a field, without any visible path, or allow egress through another building for fire safety purposes. A floating easement may be appurtenant or in gross. One case defined it as " easement defined in general terms, without a definite location or description, is called a floating or roving easement...." Furthermore, "a floating easement becomes fixed after construction and cannot thereafter be changed."
Some legal scholars classify structural encroachments as a type of easement. In British energy law and real property law, a wayleave is a type of easement used by a utility that allows a linesman to enter the premises, "to install and retain their cabling or piping across private land in return for annual payments to the landowner." Like a license or profit-à-prendre, " Wayleave is a temporary arrangement and does not automatically transfer to a new owner or occupier." More a wayleave agreement can be used for any service provider. In the United States, an easement in gross is used for such needs for permanent rights. An access easement provides access from a public right of way to a parcel of land. For example, if Zach and James own neighboring parcels of land, Zach's parcel may have easement rights to cross James's parcel from a public right of way. In such a case, Zach's "dominant" parcel would contain an access easement to cross James's "servient" parcel. Easements are most created by express language in binding documents.
Parties grant an easement to another, or reserve an easement for themselves. Under most circumstances having a conversation with another party is not sufficient. Courts have recognized creation of easements in other ways. An easement may express. An express easement may be "granted" or "reserved" in a other legal instrument. Alternatively, it may be incorporated by reference to a subdivision plan by "dedication", or in a restrictive covenant in the agreement of an owners association; the doctrines of contract law are central to disputes regarding express easements while disputes regarding implied easements apply the principles of property law. Implied easements are more complex and are determined by the courts based on the use of a property and the intention of the original parties, who can be private or public/government entities. I