39 Sentences With "servitudes" | Random Sentence Generator

Such restraints have also been termed "equitable servitudes on chattels".See Clairol, Inc. v.

Cody's Cosmetics, Inc., 353 Mass. 385, 231 N.E.2d 912 (1967) (refusing to enforce servitude). See also Z. Chafee, Equitable Servitudes on Chattels, 41 945 (1928); Z. Chafee,Comment: The Music Goes Round and Round: Equitable Servitudes and Chattels, 69 1250 (1956).

A "covenant running with the land", meeting tests of wording and circumstances laid down in precedent, imposes duties or restrictions upon the use of that land regardless of the owner. Restrictive covenants are somewhat similar to easements and equitable servitudes, leading to some discussion about whether these concepts should be unified;"Integration of the Law of Easements, Real Covenants and Equitable Servitudes". Washington Law Review. in the US the Restatement (Third) of Property takes steps to merge these concepts as servitudes.

Moncrieff v Jamieson [2007] UKHL 42 is a Scottish property law case decided by the House of Lords on servitudes (the Scottish equivalent of "easements").

The Romanian Civil Aeronautical Authority"Approval certificates for the technical documentation of buildings and facilities within areas with aeronautical servitudes." (Archive) Romanian Civil Aeronautical Authority. Retrieved on 21 January 2014. (RCAA, , AACR) is the civil aviation authority of Romania.

Dwyer, 442 Mass. 87, 809 N.E.2d 1053 (2004), was a case decided by the Massachusetts Supreme Court that first adopted the Restatement Third of Servitudes for the relocation of easements in that state.M.P.M. Builders, LLC v. Dwyer, 442 Mass. 87, 809 N.E.2d 1053 (2004).

The latter was discussed in Hunter v Canary Wharf Ltd, where the claimants argued that the blocking of their television signal by the construction of the skyscraper at One Canada Square was a nuisance. The House of Lords rejected this argument. There are rights to land known as servitudes, such as the right to light through windows or the right of support.

Stewart E. Sterk is the Mack Professor of Law at the Benjamin N. Cardozo School of Law of Yeshiva University in New York City. He has taught there since 1979. Professor Sterk served as an advisor in the preparation of the Restatement (Third) of Property (Servitudes), and has co-authored casebooks on trusts and estates and land use. He is the editor-in-chief of the New York Real Estate Law Reporter, a monthly newsletter.

More minor property rights may be created by contract, as in the case of easements, covenants, and equitable servitudes. A separate distinction is evident where the rights granted are insufficiently substantial to confer on the nonowner a definable interest or right in the thing. The clearest example of these rights is the license. In general, even if licenses are created by a binding contract, they do not give rise to property interests.

The starter title right is the more simple level of tenure security. It provides the holder with the right to occupy an undefined site within a blockerf in perpetuity and to erect a dwelling at this location. In consent with the community, sites may be identified by the relevant authority informally without proper surveying. Therefore, the starter title right cannot be mortgaged and cannot be subject to a right of way or servitudes.

A full and absolute warrandice (in other jurisdictions called a warranty) is implied by law in the missives of sale.Stair Institutions I,14.7. This means that the Seller warrants (ie: guarantees) the following four warranties: # Absolute Good Title # No lesser real rights (ie: no liferent or security etc. in the land) # No unusual real conditions (ie: no unusual burdens or servitudes attached to the land) # No future acts will be made prejudicial to the Buyer's title (ownership) to the land.

The land hold title right may also be used as a collateral for a mortgage or any other form of security for a debt. It can also be subject to a right of way or servitudes relating to the provision of public services. The plots will be surveyed and demarcated on the ground by a land measurer of the Land Rights Office who has to establish a land hold plan to be filed as record in the respective Land Rights Office.

2004) predial, attaching to property, and personal, attaching to a person. A servitude cannot impose the performance of a positive duty on the owner of the burdened property but only duties either to refrain from exercising certain rights to which an owner could be otherwise entitled (negative servitude) or to suffer certain things to be done to his property which an owner otherwise could be entitled to forbid or resist (positive servitude). Servitudes arise from express agreement, adverse possession, or as a matter of law.

Oyster farming in Brittany Many species of mollusc, including gastropods such as whelks, bivalves such as scallops, cockles, mussels, and clams, and cephalopods such as octopuses and squids are collected or hunted for food. Several kinds of whelk on sale in Japan Oysters,James Arnold Higginbotham, Piscinae: artificial fishponds in Roman Italy (University of North Carolina Press, 1997), p. 247, note 44 online; Cynthia J. Bannon, "Servitudes for Water Use in the Roman Suburbium," Historia 50 (2001), pp. 47–50. For more on these early efforts, see Sergius Orata.

This type of cap was worn by revolutionaries at the fall of the Bastille. According to the Revolutions de Paris, it became "the symbol of the liberation from all servitudes, the sign for unification of all the enemies of despotism." Censer and Hunt, "How to Read Images" LEF CD- ROM The pileus competed with the Phrygian cap, a similar cap that covered the ears and the nape of the neck, for popularity. The Phrygian cap eventually supplanted the pileus and usurped its symbolism, becoming synonymous with republican liberty.

Through this quest, I have discovered structure.”Catalog of the retrospective exhibition organised by Châtillon-des- Arts and the commune of Châtillon, p. 12. In this structure, Wendt could see the constituting elements of the pictural space, with tension and density as attributes. In a parallel direction, it had been clearly specified that the new research of the aesthetic activity liberated from the servitudes of figuration, required a deeper coincidence of the substance and form: “We must reach a synthesis where neither colour nor form nor content is absent.

Their prominent soundtracks are conceived specifically for each film in co-operation with different musicians. His works have been shown throughout Europe and the United States, including at the Hammer Museum in Los Angeles (2005), the Miami Art Museum (2007) and the Witte de With in Rotterdam (2007). His exhibitions include Romantic Delusions at the Brooklyn Museum, U-Turn at the Copenhagen Quadrennial in Denmark and the Liverpool Biennial in the UK. Servitudes was on show at the Palais de Tokyo in Paris from June 24 to September 13, 2015.

Rosenvænget's main street seen on a woodcarving by Emil Libert from 1863 In the middle of the 19th century, Østerbro was still a rural area dominated by large country houses. The area now known as a Rosenvænget belonged to a country house named Rosenlund. After Copenhagen's old fortification ring was decommissioned and its Eastern City Gate was demolished in 1859, it was decided to sell of the land in lots for redevelopment with large villas for members of the upper middle class. Servitudes ensured that the land could not be redeveloped with multi-storey buildings.

He appears on the list of 25 expert sworn architects whose offices were created by the edicts of May and December 1690, or "Édits de création des Experts"Antoine Desgodetz, Les loix des bâtiments, suivant la coutume de Paris ; traitant de ce qui concerne les servitudes réelles, les rapports des jurés-experts, les réparations locatives, douairières, usufruitières, bénéficiales, &tc.; Avec les notes de M. Goupy, , Paris, 1748 Read online and published in the Royal Almanac from 1701.Almanach royal pour l'année 1701, , chez Laurent D'Houry Read online In 1702, Delespine tendered the works of Jules Hardouin-Mansart at place Vendôme.

The third series of Restatements was started in 1987 with a new Restatement of the Foreign Relations Law of the United States. The Restatement Third now includes volumes on Agency, the Law Governing Lawyers, Property (Mortgages, Servitudes, Wills and Other Donative Transfers), Restitution and Unjust Enrichment, Suretyship and Guaranty, Torts (Products Liability, Apportionment of Liability, Economic Harm, and Physical and Emotional Harm), Trusts, and Unfair Competition. New Restatement projects are currently underway as part of the Restatement Third series on Conflict of Laws and Torts (Defamation and Privacy, Intentional Torts to Persons, Remedies, and Concluding Provisions).

In 1983, Lugan authored another thesis for a state doctorate, Between the servitudes of the hoe and the spells of the cow: the rural world in ancient Rwanda. In 1988, he received the M. et Mme Louis Marin prize from the Académie Française for his book The French People Who Made South Africa. In September 1993, he founded the review L'Afrique Réelle, which has been described as a supporter of "Boers-Afrikaners" in South Africa. Lugan has also been involved with far-right news outlets like Minute, ' or Présent, which regard him as a specialist of African history.

Orata was not without his own high-powered speaker, in the person of Lucius Licinius Crassus. Cicero says Orata was trying to force Gratidianus to buy back the property when Orata's business plan for farm- raised oysters fell through, perhaps because of unforeseen complications arising from water rights or fishing rights.The legal grounds for the suit was easement (servitude), which Orata claimed (wrongly, according to Cicero) that Gratidianus had failed to disclose. For further discussion of the case, see Cynthia J. Bannon, "Servitudes for Water Use in the Roman Suburbium," Historia 50 (2001), pp. 47–50.

Mass concrete fence in Russia Servitudes are legal arrangements of land use arising out of private agreements. Under the feudal system, most land in England was cultivated in common fields, where peasants were allocated strips of arable land that were used to support the needs of the local village or manor. By the sixteenth century the growth of population and prosperity provided incentives for landowners to use their land in more profitable ways, dispossessing the peasantry. Common fields were aggregated and enclosed by large and enterprising farmers—either through negotiation among one another or by lease from the landlord—to maximize the productivity of the available land and contain livestock.

The lower Land Court ruled against M.P.M. The Massachusetts Supreme Court ruled that the Land Court correctly applied existing law, but that the standard for unilateral relocation of an easement by the owner of a servient estate in the Restatement Third of Servitudes was better suited to modern times. The Restatement allowed for unilateral relocation of the easement if it did not lessen the utility of the easement, increase the burdens on the owner of the easement, or frustrate the purpose of the easement. The court noted that this may often call for a hearing to determine what would constitute a reasonable relocation.Casner, A.J. et al.

Harvesting oysters from the pier at Cancale, Brittany, France 2005 Oyster farming at Walvis Bay, Namibia Oyster farming is an aquaculture (or mariculture) practice in which oysters are bred and raised mainly for their pearls, shells and inner organ tissue, which is eaten. Oyster farming was practiced by the ancient Romans as early as the 1st century BC on the Italian peninsulaJames Arnold Higginbotham, Piscinae: artificial fishponds in Roman Italy (University of North Carolina Press, 1997), p. 247, note 44 online; Cynthia J. Bannon, "Servitudes for Water Use in the Roman Suburbium," Historia 50 (2001), pp. 47–50. For more on these early efforts, see Sergius Orata.

He was born at Blois, and educated by the Oratorians, then studied law, at first under his father, a lawyer at the Presidial, who was a pupil of Robert Joseph Pothier. In 1796, after the Reign of Terror, Pardessus married, but his wife died after three years. A widower at the age of twenty-seven, he refused to remarry and give his children a stepmother. His Traité des servitudes (1806) went through eight editions, and his Traité du contrat et des lettres de change (1809) pointed him out as fitted for the chair of commercial law recently formed at the faculty of law at Paris.

According to the religious liberties established under article 24, educational services shall be secular and, therefore, free of any religious orientation. II. The educational services shall be based on scientific progress and shall fight against ignorance, ignorance's effects, servitudes, fanaticism and prejudice." The second section of Article 27 stated: "All religious associations organized according to article 130 and its derived legislation, shall be authorized to acquire, possess or manage just the necessary assets to achieve their objectives." The first paragraph of Article 130 stated: "The rules established at this article are guided by the historical principle according to which the State and the churches are separated entities from each other.

The education imparted by the Federal State shall be designed to develop harmoniously all the faculties of the human being and shall foster in him at the same time a love of country and a consciousness of international solidarity, in independence and justice. Said education must be free of bias. (As per the full definition of the word "Laica" as used in the original document) I. According to the religious liberties established under article 24, educational services shall be secular and, therefore, free of any religious orientation. II. The educational services shall be based on scientific progress and shall fight against ignorance, ignorance's effects, servitudes, fanaticism and prejudice.

Han Ryner, as well as fellow French individualist anarchist Émile Armand, regarded individualist anarchism above all as a way of life. He regarded that the individualist act must be in accord with his ideas and he calls that "virtue". For him, disinterested virtue creates happiness which for him meant feeling oneself free of all outside servitudes and in perfect accord with oneself. In relationships with others and things outside the individual he saw "Every person is a goal, an end" and from this he saw that he can "ask people for services that they will freely accord me, either through benevolence or in exchange for other services".

The Illinois Plant is called the Lacassane Coastal Prairie Mitigation Bank and the Ragley property, in conjunction with the "Calcasieu Mitigation Bank" and partnered with Ecosystem Investment Partners (EIP), is known as the Bill Jackson Longleaf Savannah Mitigation Bank. Both have been designated (through The Lacassane Company) by the Corps of Engineers as a mitigation bank providing ecosystem services to the public in the form of Environmental mitigation (compensatory mitigation) to ensure the no net loss wetlands policy is followed to prevent Biodiversity loss that keeps the greenhouse debt in check. The Lacassane Company partnered with The Coastal Plain Conservancy to hold conservation servitudes on the land. The banks are monitored and maintained by Wildlands, Inc.

The law of conveyancing in South Africa refers the legal process whereby a person, company, close corporation or trust becomes the registered and legal owner of immovable property, including improved and unimproved land, houses, farms, flats and sectional titles, as well as the registration of bonds and other rights to fixed properties, including servitudes, usufructs and the like. It entails the transfer process from the date the deed of sale is signed to the date of payment of finances and delivery of the deeds. It also covers the process of the registration of mortgages. Conveyancing in South Africa may only be carried out by a licensed conveyancer: an attorney who has passed the National Conveyancing Examination.

Existing conditions which were enforceable only by the superior were abolished, and only conditions enforceable by the owners of neighbouring property or by certain legal bodies on public policy grounds were retained. Transitional arrangements allowed superiors who were also neighbouring property owners to convert the old title conditions to benefit their land and hence themselves as owners of that land rather than themselves as feudal superior. Following this change in the legal basis for title conditions, the Title Conditions (Scotland) Act 2003 was passed, reconstituting the mechanics of how new real burdens and servitudes could be created. These two Acts, together with a third Act (the Tenements (Scotland) Act 2004), commenced on 28 November 2004.

Dennis Crouch, in Patently-O commented on the issues and provided a summary of the merits briefs filed in the Supreme Court as of January 31, 2017. Crouch opposed the Federal Circuit's ruling on these grounds: > With personal property courts long ago rejected servitudes (such as use and > resale restrictions) that bind subsequent purchasers. Unlike real property, > personal property moves and is often transferred without substantial > paperwork or record-keeping, and allowing a set of unique restrictions has > the potential of gumming up the marketplace. The Federal Circuit in this > case went all the way to the other side — holding that the presumption in > foreign sales is that no US patent rights are exhausted.

The Talmudic law applies the principle of chazakah also to easements or servitudes consisting in the right or privilege of using another's land without compensation. For example, if one causes one of the beams of his house to protrude into the premises of his neighbor, and the neighbor does not object immediately, the owner is regarded as having a chazakah in the servitude of his neighbor's premises as regards the beam. There are three distinct opinions among the later authorities regarding the nature of this ḥazaḳah. Some (the Geonim and Maimonides) are of the opinion that the chazakah of easement need not be accompanied by a real claim, nor need it last for three successive years as is required with movable property.

A further exception is where the property is acquired _under-value_ and only a fact and deed warrandice is granted under the disposition (covering (1), (2) and (3) below). Typically, when the Seller grants the disposition, the Seller therefore will warrant (ie: guarantee) the following four warranties: # Absolute Good Title # No lesser real rights (ie: no liferent or security etc. in the land) # No unusual real conditions (ie: no unusual burdens or servitudes attached to the land) # No future acts will be made prejudicial to the Buyer's title (ownership) to the land. In practice, these warranties are often expressly granted, which will vary or add to the implied warranties of the Seller, such as the use of the Scottish Standard Clauses.

Campbell writes that the "apparent majority did not regard the treaty as perfect". Bernard Baruch writes in The Making of the Reparation and Economic Sections of the Treaty that most believed it to be the best agreement obtainable under the circumstances and that it was a minority that attacked the treaty, but these attacks "centered upon its economic provisions". James T. Shotwell, writing in What Germany Forgot, said, "the only 'unendurable servitudes' in the treaty were in the sections on Reparation and the Polish settlement and raised the question as to what part of Germany's grievance against the peace lay in the substance of its exactions and what part in the manner of their imposition". Sir Andrew McFayden, who also represented the British Treasury at the peace conference and later worked with the Reparation Commission, published his work Don't Do it Again.

Gräfin Elssbeth von Toggenburg, née von Maetsch, was mentioned as sole heir in two documents of the city council of Zürich, and she certified on 31 October 1436, in view of the diverse services by Zürich for Fridrich, and given the fact that a widow requires special protection, with help of her uncle and legal counsel, Fridrich of Hewen, the she gave over to the city of Zürich as property the towns Utznang, Schmerikon and Utznangerberg (a castle on the Uznach mountain) with all its rights. The transfer is valid "zuo stund" (now), and the inhabitants of the territories have to swear to the people of Zürich until next Hilariustag (13 January 1437); the Countess maintained all servitudes by lifetime. The privileges and the tradition of the (Toggenburg) residents will be respected, notably with regard to the so-called third penny in inheritances and the so-called Kirchsatz; Zürich will also not impose any taxes.

It was established definitively in 1835 that real conditions, such as servitudes and burdens, were covered by the absolute warranty made by the Seller.Urquhart v Halden (1835) 13 S 844. It is now implied in law that a Seller warrants that there are no real conditions on the property where:Welsh v Russell (1894) 21 R 769, 1 SLT 594; M'Connell v Chassells (1903) 10 SLT 790, OH; Armia Ltd v Daejan Developments Ltd 1978 SC 152, 1977 SLT (Notes) 9, 49, revsd 1979 SC (HL) 56, 1979 SLT 147; Morris v Ritchie 1992 GWD 33-1950, OH. # that the condition was _unknown_ to the Buyer at the time when the missives concluded; # that the condition is _unusual_ either generally or in relation to the _type_ and _location_ of the property in question; and # that the condition results in a _material diminution in the value_ of the property. All three tests must be satisfied for a claim in warrandice to succeed against an unknown real condition.Stair Memorial Encyclopaedia, Vol 18, Property, Ch 13, Transfer of Ownership, para 705.