|
|
|
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|
|
|
|
| |
| |
|
Does it grant a positive property right?
|
NO
|
is it an ancient right (light/air)
|
| |
|
|
|
|
YES
|
YES
|
|
NO
|
|
| |
| |
|
Is it registered?
|
NO
|
Equitable easement: not transferrable
|
|
Not an easement
|
|
|
|
|
YES
|
|
|
|
|
| |
| |
|
Is it non-exclusive or transitory?
|
| |
| |
|
|
|
|
YES
|
NO
|
|
|
|
| |
| |
|
Is it expressly granted?
|
NO
|
Not an easement
|
| |
|
|
|
|
|
|
|
|
|
| |
| |
|
Is it wide/vague?
|
| |
| |
|
|
|
|
NO
|
|
|
|
|
| |
| |
|
Does it amount to joint occupation or substantially deprive the owner of proprietorship?
|
NO
|
Is there a dominant tenement?
|
| |
|
|
|
|
YES
|
|
YES
|
NO
|
|
| |
| |
|
Not an easement
|
NO
|
Is it benefited?
|
YES
|
Probably an easement!
|
|
|
|
|
|
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Easements
More flowcharts
