Reforms Regarding Easements In The UK Essay Example | Topics and Well Written Essays - 1750 words

Reforms Regarding Easements In The UK - Essay Examplees of space per person even in office space, it so follows that it would probably be yet graphic for some mavin from England demanding justice if a neighbour came to fish in his or her pond, swim in a backyard pool, or use the lavatory at 1s whim. As such, it can be very difficult to actually define an rest period, especially if the person using the assuagement does not want to formally admit that he or she is using the other persons property illegally. Also, the superior may not want to admit that there is an easement between both the dominant and the servient, as the dominant may feel that, legitimating that relationship might therefore give the servient some type of rights or possession to his or her propertywhich it does, but that is almost entirely beside the point. The person who holds the easement doesnt exactly own the property. Its more like, they are borrowing it or using it for a certain time and then wont be ther e anymore. Usage of an easement is, for the majority, not continuous. Thus, these facts should be taken into fib when whiz is considering either making an easement formal or doing something in order to make the process of acquiring an easement possible. In all circumstances, paperwork should always be filled out so there is no misunderstanding between the dominant and the servient. This is essential for the relationship. III. What Can Be Done with an Easement (500 words) Although an easement itself is defined by four strict necessities by law, what can be done with an easement should definitely be clarified. It has been said that an easement is extinguished if the dominant and servient tenements come into the same ownership2 That may be true, but unless it was expressly written into the law in such a like manner, one might... When someone encroaches upon another persons legal boundariesno matter how enlightened the dominantthe servant always has the potential to face problems, du e to the territorial nature of people. It only makes sense, then, that legally, there must be clear grounds where easements are concerned, for all parties involvedeven if the easement is an informal agreement between two neighbors that one can fish in his pond with or without stipulations. Whatever the agreement, it must be something that can be sealed with a handshake if a verbal agreement, and agreed on paper with a signature if the dominant requires it from the servant. In any case, paperwork is only there to protect both parties from any kind of liability. Easements are definitely difficult problems to tackle, but worthwhile. That having been said, it is both the owner and the servants best interests to know what they want, respectively, and that each party can then have boundaries which are to be followed. This actually helps everyone with the idea that the property is to be shared, and it encourages a sense of community between the dominant(s) and servant(s). It is hoped that , in the future, easements will be able to be more readily uncommitted without having to finagle through a long and difficult legal explanation about what it constitutes. The law should definitely be made simpler to explain these concepts well to the frequent public. Through clear extrapolation of the law, this is possible. Discussing easements can be quite a complicated task.