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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
The new methodology and compendium relate to both encapsulated and unencapsulated beneficial uses of industrial non-hazardous secondary materials.
Scholarship recipients were chosen from a field of applicants who submitted essays on topics related to the beneficial use of coal combustion products from power generation.
Is it possible to refocus an EST in this way to become a completed building instead of a mere building block, as asserted by the court in In re Fisher, while still capturing all or some of the economically beneficial use? If so, will patent law allow the legal monopoly that results from fencing the technology as described above?
"The guidebook will help state and federal regulators develop produced water regulations that are most protective of the environment and that encourage beneficial uses appropriate to the region, without disrupting domestic oil and natural gas production," said Arthur.
Beneficial Use: Not every possible use of water is given legal recognition.
In 1997, however, the New Jersey Legislature expressed disapproval with this emerging trend, fearing rampant expansion of wireless towers throughout the state.(117) In pertinent part, the legislature amended the Municipal Land Use Law(118) (discussed above), codifying the principle that even with an inherently beneficial use, the negative criteria must be satisfied.(119) Although courts continued to treat inherently beneficial uses with deference under the balancing test, the actions of the legislature reduced that deference.(120) Therefore, when the New Jersey Supreme Court faced wireless facility siting disputes in the summers of 1998 and 1999, it was forced to consider the restrictive intentions of the state legislature.(121)
For example, within Colorado's appropriation systems, environmentally-related appropriations for beneficial use can be and have been effectuated.(58)
The Risk Assessment of Spent Foundry Sands in Soil-Related Applications evaluated the beneficial use of non-olivine foundry sand produced by iron, steel and aluminum metal-casting operations in manufactured soils, soil-less media or road base.
In the 138-page document's discussions of how RCRA subtitle C or D might cloud fly ash specification for concrete, the agency invites "comment on potential refinements for certain beneficial uses"; "other suggestions on how EPA might promote beneficial use of CCRs"; and, "suggestions that would reduce any perceived impacts resulting from 'stigma' due to [RCRA subtitle C] identification of CCRs."
"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.