An easement is a non-possessory 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 and it is similar to real covenants and equitable servitudes, in the United States, the Restatement of Property takes steps to merge these concepts as servitudes. An easement is considered as a property right in itself at common law and is treated as a type of property in most jurisdictions. The rights of an easement holder vary substantially among jurisdictions, for example, an affirmative easement might allow land owner A to drive their cattle over the land of B. A has an easement from B. Conversely, a negative easement might restrict A from blocking Bs mountain view by putting up a wall of trees, a has a negative easement from B. As defined by Evershed MR in Re Ellenborough Park Ch 131, 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 As house. Here, parcel A is the dominant estate, receiving the benefit, a private easement is held by private individuals or entities. A public easement grants an easement for a use, for example. Conversely, an easement in gross benefits an individual or a legal entity, the easement can be for a personal use or a commercial use. Historically, an easement in gross was neither assignable nor inheritable and 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, a floating easement may be public or private, appurtenant or in gross. One case defined it as, easement defined in general terms, furthermore, a floating easement becomes fixed after construction and cannot thereafter be changed.
Some legal scholars classify structural encroachments as a type of easement, similar to a license or profit-à-prendre, Wayleave is normally a temporary arrangement and does not automatically transfer to a new owner or occupier. More generally, an agreement can be used for any service provider. In the United States, an easement in gross is used for such needs, easements are most often created by express language in binding documents
Belgium, officially the Kingdom of Belgium, is a sovereign state in Western Europe bordered by France, the Netherlands, Germany and the North Sea. It is a small, densely populated country which covers an area of 30,528 square kilometres and has a population of about 11 million people. Additionally, there is a group of German-speakers who live in the East Cantons located around the High Fens area. Historically, the Netherlands and Luxembourg were known as the Low Countries, the region was called Belgica in Latin, after the Roman province of Gallia Belgica. From the end of the Middle Ages until the 17th century, Belgium is a federal constitutional monarchy with a parliamentary system of governance. It is divided into three regions and three communities, that exist next to each other and its two largest regions are the Dutch-speaking region of Flanders in the north and the French-speaking southern region of Wallonia. The Brussels-Capital Region is a bilingual enclave within the Flemish Region. A German-speaking Community exists in eastern Wallonia, Belgiums linguistic diversity and related political conflicts are reflected in its political history and complex system of governance, made up of six different governments.
Upon its independence, declared in 1830, Belgium participated in the Industrial Revolution and, during the course of the 20th century, possessed a number of colonies in Africa. This continuing antagonism has led to several far-reaching reforms, resulting in a transition from a unitary to a federal arrangement during the period from 1970 to 1993. Belgium is a member of the Eurozone, NATO, OECD and WTO. Its capital, hosts several of the EUs official seats as well as the headquarters of major international organizations such as NATO. Belgium is a part of the Schengen Area, Belgium is a developed country, with an advanced high-income economy and is categorized as very high in the Human Development Index. A gradual immigration by Germanic Frankish tribes during the 5th century brought the area under the rule of the Merovingian kings, a gradual shift of power during the 8th century led the kingdom of the Franks to evolve into the Carolingian Empire. Many of these fiefdoms were united in the Burgundian Netherlands of the 14th and 15th centuries, the Eighty Years War divided the Low Countries into the northern United Provinces and the Southern Netherlands.
The latter were ruled successively by the Spanish and the Austrian Habsburgs and this was the theatre of most Franco-Spanish and Franco-Austrian wars during the 17th and 18th centuries. The reunification of the Low Countries as the United Kingdom of the Netherlands occurred at the dissolution of the First French Empire in 1815, although the franchise was initially restricted, universal suffrage for men was introduced after the general strike of 1893 and for women in 1949. The main political parties of the 19th century were the Catholic Party, French was originally the single official language adopted by the nobility and the bourgeoisie