Easements


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EASEMENTS, estates. An easement is defined to be a liberty privilege or advantage, which one man may have in the lands of another, without profit; it may arise by deed or prescription. Vide 1 Serg. & Rawle 298; 5 Barn. & Cr. 221; 3 Barn. & Cr. 339; 3 Bing. R. 118; 3 McCord, R. 131, 194; 2 McCord, R. 451; 14 Mass. R. 49 3 Pick. R. 408.
     2. This is an incorporeal hereditament, and corresponds nearly to the servitudes or services of the civil law. Vide Lilly's Reg. h.t. 2 Bouv. Inst. n. 1600, et seq.; 3 Kent, Com. 344: Cruise, Dig. t. 31, c. 1, s. 17; 2 Hill. Ab. c. 5; 9 Pick. R. 51; 1 Bail. R. 56; 5 Mass. R. 129; 4 McCord's R. 102; Whatl. on Eas. passim; and the article Servitude.

References in periodicals archive ?
On appeal to the Vermont Supreme Court, Taxpayer argued that the trial court erred by assigning a uniform value to every acre when the record was undisputed that the flow easements did not affect the fair market value of the underlying parcels in virtually all that area.
Whereas Taxpayer's appraiser relied on sales of limited-utility land, the Town's appraiser relied on sales of flow easements. Because almost all the easement sales were of small properties, though, unlike Taxpayer's easements in the Town, the median sale price was skewed too high.
Because conservation and facade easements are one of the rare exceptions to the Sec.
The Tax Court held that a partnership that leased two buildings and, along with the owners of the buildings, contributed a facade easement on the buildings to a not-for-profit preservation corporation could not take a charitable deduction for the contribution.
In cities, utility poles within generic utility easements are often adorned with a multitude of wires--of varying dimensions, levels, types, and ownership--constantly delivering electricity and information.
It is in this context that easements, the necessary envelope in which those critical utilities may pass across private ownership, come into existence primarily through negotiations or condemnation proceedings.
"Charitable Contributions of Conservation Easements," by Adam Looney.
Likewise, the treatise on conservation tax easements by Adam Looney--a fellow at the Brookings Institution and a former economist for the Council of Economic Advisers--filled me in equal measures with anger over the existence of a costly and unproductive tax break and visions of exploiting the break to bilk the Treasury and make millions for my family.
deduction for the donation of conservation easements and facade
The Twisp Uplands will acquire conservation easements on two sites: Lehman Uplands Phase II (which adds another 264 ac to the 1,028-ac Lehman easement acquisition that received funding in the previous WWRP CH round) and Nysether (1,916 ac).
Where defendants have been found to have easements by estoppel and by implication to use Lakeview Road in Webster for its entire length, as shown on a 1924 plan, but do not have the right to use the way to access the abutting Indian Ranch Property, a subsequent complaint for modification of the easements should be stricken on futility grounds.
The North Carolina Department of Transportation will pay a Union County family $1.2 million after taking 3.21 acres of land and several easements to develop the Monroe Bypass, the family's attorneys report.