A Student's Guide to Easements, Real Covenants, and Equitable Servitudes PDF Download

Author: Stephen A. Siegel
Publisher:
ISBN:
Category : Real covenants
Languages : en
Pages : 390

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Book Description

Author: Gerald Korngold
Publisher: Juris Publishing, Inc.
ISBN: 1578231876
Category : Law
Languages : en
Pages : 67

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Book Description
Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes (2nd Edition) is the most comprehensive and integrated treatment available on the interrelated areas of easements, covenant, and servitudes. The book provide answers to both practical and theoretical issues, and is an essential resource to lawyers and others working in this field. This second edition follows the successful first edition of the book which was hailed by practioners and academics. The first edition was cited as an authority over 25 times in the American Law Institute's Restatement of The Law Third, Property (Servitudes). The second edition utilizes the same organization and approach of the first edition, and covers new cases, emerging developments, and recent innovations. Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes is an important addition to the field and an essential part of the real estate lawyer's library. Private Land Use is important for attorneys in a variety of situations. It provides guidance to transactional attorneys drafting documents such as easement agreements, REAs, covenants, declarations, deeds, and related documents, providing the underlying law and decisions that need to be reflected in documents. The book also includes specific drafting tips that should be included in documents, and is valuable to attorneys facilitating their clients' planning. Moreover, the book is essential for lawyers involved in litigation or dispute avoidance/resolution. It provides a comprehensive discussion of the law as well as competing approaches utilized by the courts, allowing practitioners to build arguments and assess the strength of their client's position. The book offers strategies for avoiding disputes and protecting clients' interests, as well as advice if a matter is litigated. Transactional lawyers, litigators, and academics will benefit from the book's careful examination of underlying policy issues and theory since these are pivotal for courts in determining when and how an easement, covenant, or servitude should be enforced.

Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780102972504
Category : Business & Economics
Languages : en
Pages : 270

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Book Description
In this report, the Law Commission makes recommendations to simplify, modernise and enhance the law of easements, covenants and profits á prendre. These rights are essential to the effective use of land and are relied upon by a significant proportion of property owners in England and Wales. Parts of the current law are ancient, contradictory and unfit for modern society. The report recommends reform where it is needed, while preserving those aspects of the law that function as they should. The recommendations would not affect the validity and enforceability of existing rights. The reforms would: make it possible for the benefit and burden of positive obligations to be enforced by and against subsequent owners; simplify and make clearer the rules relating to the acquisition of easements by prescription (or long use of land) and implication, as well as the termination of easements by abandonment; give greater flexibility to developers to establish the webs of rights and obligations that allow modern estates to function; facilitate the creation of easements that allow a substantial use of land by the benefiting owner (for example, rights to park a car); expand the jurisdiction of the Lands Chamber of the Upper Tribunal to allow for the discharge and modification of easements and profits created post-reform.

Author: Great Britain. Law Commission
Publisher: Stationery Office/Tso
ISBN: 9780102988321
Category : Law
Languages : en
Pages : 246

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Book Description
In this report, the Law Commission make recommendations for the introduction of a new statutory scheme of conservation covenants in England and Wales. The recommendations to introduce such a scheme would create a new legal tool, enabling landowners to protect land in order to conserve and restore our natural and built environment. Conservation covenants would allow landowners voluntarily to create binding obligations on their own land to meet a conservation objective, such as preserving woodland, cultivating a particular species of plant or protecting a habitat for an animal, or farming land in a certain way. The proposed statutory scheme would give individual landowners the opportunity, using private agreements, to contribute to conservation efforts being made across England and Wales. The scheme will create a versatile, simple and cost-effective legal tool capable of: unlocking currently missed conservation opportunities by overcoming the legal difficulties faced when creating binding obligations; facilitating better ways to deliver existing conservation objectives; and providing assurance of long-term conservation benefits. The report includes a draft Conservation Covenants Bill, which would introduce the conservation covenant scheme into the law of England and Wales.

Author:
Publisher:
ISBN: 9780980843606
Category : Law reform
Languages : en
Pages : 138

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Book Description

Author: C. Timothy Lindstrom
Publisher: Island Press
ISBN: 1610910540
Category : Architecture
Languages : en
Pages : 301

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Book Description
Voluntary land conservation, resulting from increasingly alluring tax benefits, has significantly changed the face of land use in the United States and promises to have an even more significant influence in the future. There are more than 1,500 land trusts in the U.S. today, involving millions of acres of land that have been permanently protected by conservation easements. Most of these land trusts depend heavily upon the significant income or estate tax benefits offered by the federal tax code as an incentive for voluntary land conservation. However, only a very small percentage of land trust personnel, landowners or their advisors, or even government officials, fully understand the complexity of the requirements for these tax benefits. This is a comprehensive book on the tax benefits of the charitable contribution, or bargain sale, of a conservation easement. It provides a detailed explanation of the complex and extensive requirements of the federal tax code and related concepts, including the rules governing the operation of tax-exempt organizations such as land trusts. Clearly written, systematic in its coverage, it is intended to be of value for anyone who deals with land trust issues, including land trust staff and trustees, landowners, lawyers, accountants, government officials, and interested lay people. Structured for easy reference, A Tax Guide to Conservation Easements is designed to be used as a resource tool. Related topics are cross-referenced throughout. All principles in the book are illustrated with one or more useful examples. The tax benefits of contributing a conservation easement are unquestionably the heart of voluntary land conservation today. Knowledge of the tax law relating to land trusts and conservation easements is vital to properly establishing and managing land trusts and to insuring the tax deductibility of conservation easements. The future of voluntary land conservation is dependent on a clear understanding of tax policy. Complete, meticulous, and up to date, A Tax Guide to Conservation Easements is an essential handbook.

Author: Jesse S. Ishikawa
Publisher: State Bar of Wisconsin
ISBN: 9781578621095
Category : Servitudes
Languages : en
Pages :

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Book Description

Author: Richard R. Hammar
Publisher:
ISBN: 9780882435800
Category : Juvenile Nonfiction
Languages : en
Pages : 456

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Book Description

Author: Sandra H. Johnson
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1002

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Book Description

Author: Thomas Gibbons
Publisher:
ISBN: 9780947514501
Category : Land titles
Languages : en
Pages :

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Book Description
The Land Transfer Act is at the heart of conveyancing law and practice, a field in which many lawyers - both specialist and generalist - work. This book is a rapid-response, practical guide to the important changes to New Zealand property law coming in with the new Land Transfer Act. The Land Transfer Act also deals with a range of more complex issues, such as mortgages, easements, covenants, and subdivisions. It is essential that practitioners have a strong understanding of Land Transfer legislation. A Practical Guide to the Land Transfer Act is the first text on the Act, which marks a big and important change to the land transfer system in New Zealand, and will include a precis of the legislation, as well as commentary on key issues. As such, it will be a first port of call for practitioners and students wanting to understand the legislation, and grapple with its principles, contents, and wording. It is an essential text for lawyers, legal executives, LINZ officers, and for students and academics.