Beneficial Use


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Beneficial Use

A right to utilize real property, including light, air, and access to it, in any lawful manner to gain a profit, advantage, or enjoyment from it. A right to enjoy real or Personal Property held by a person who has equitable title to it while legal title is held by another.

A beneficial use involves greater rights than a mere right to possession of land, since it extends to the light and air over the land and access to it, which can be infringed by the beneficial use of other property by another owner. If a dispute arises from the conflicting ways in which two Adjoining Landowners exercise their respective beneficial uses of their property, a court, exercising its discretion, may adjudicate those rights.

A beneficiary of a trust has beneficial use of the trust property, the legal title to which is held by the trustee.

beneficial use

n. the right to enjoy the use of something (particularly such pleasant qualities as light, air, view, access, water in a stream) even though the title to the property in which the use exists is held by another. (See: use)

References in classic literature ?
They have chosen rather to dwell on the inconveniences which must be unavoidably blended with all political advantages; and on the possible abuses which must be incident to every power or trust, of which a beneficial use can be made.
The Foundation also announced new names for the scholarships honoring coal ash beneficial use industry leaders.
Advancing the environmentally sound, beneficial use of industrial materials, such as spent foundry sands, provides substantial opportunities for addressing climate change and air quality, enhancing state, tribal and local partnerships, reducing costs and working toward a sustainable future.
The remainder of this note, instead, focuses on evaluating alternative claiming strategies for ESTs that should satisfy the utility requirement, while not relinquishing any economically beneficial use of an EST.
It is important that regulatory impediments to the appropriate beneficial use of produced water be removed," said Thomas Richmond, administrator for the Montana Board of Oil and Gas Conservation and a participant in the study.
The key elements to the prior appropriation doctrine are: intent, diversion, beneficial use, priority and fixed quantity.
No variance or other relief may be granted under the terms of this section, including a variance or other relief involving an inherently beneficial use, without a showing that such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the [local] zone plan and zoning ordinance.
Tires should never be stored anywhere waiting for a disaster to strike when they can be put to a beneficial use through recycling," said Smith.
By creating a new, beneficial use for wheat straw, Kimberly-Clark Professional is providing an economic boost for farmers, adding value to our state's largest crop and helping us reduce agricultural waste," said Aaron Harries, vice president of research and operations, Kansas Wheat Commission.
EPA has formally proposed a rule maintaining provisions for beneficial use of fly ash in concrete and other construction materials, while significantly tightening existing regulations' treatment of non-construction-grade coal ash.
While new ideas for beneficial use of industry residuals are plentiful, more effort is needed to overcome the commercialization hurdles facing the most premising opportunities.