Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Aviation easement
see avigational easement under easement.
Avigation easement
see avigational easement under easement.
Avigational easement
see easement.
access easement
An easement allowing one or more persons to travel across another's land to get to a nearby location, such as a road. 0 The access easement is a common type of easement by necessity. - Also termed easement of access.
adverse easement
See prescriptive easement.
affirmative easement
An easement that forces the servient-estate owner to permit certain actions by the easement holder, such as discharging water onto the servient estate. - Also termed positive easement. Cf. negative easement."Positive easements give rights of entry upon the land of another, not amounting to profits, to enable something to be done on that land. Some are commonplace, examples being rights of way across the land of another and rights to discharge water on to the
apparent easement
A visually evident easement, such as a paved trail or a sidewalk.
appendant easement
See easement appurtenant.
appurtenant easement
See easement appurtenant.
avigational easement
An easement permitting unimpeded aircraft flights over the servient estate. - Also termed avigation easement; aviation easement; flight easement; navigation easement.
common easement
An easement allowing the servient landowner to share in the benefit of the easement. - Also termed nonexclusive easement.
continuous easement
An easement that may be enjoyed without an interfering act by the party claiming it, such as an easement for drains, sewer pipes, lateral support of a wall, or light and air. Cf. discontinuous easement.
determinable easement
An easement that terminates on the happening of a specific event.
discontinuing easement
See discontinuous easement under EASEMENT.
discontinuous easement
An easement that can be enjoyed only if the party claiming it interferes in some way with the servient estate. (An example is a right-of-way.,- Also termed discontinuing easement; noncontinuous easement; nonapparent easement. Cf. continuous easement.
easement
An interest in land owned by another person, consisting in the right to use or control the land, or an area above or below it, for a specific limited purpose (such as to cross it for access to a public road). ( The land benefiting from an easement is called the dominant estate; the land burdened by an easement is called the servient estate. Unlike a lease or license, an easement may last forever, but it does not give the holder the right to possess, take from, improve, or sell the land. The primary recognized easements are (1) a right-of-way, (2) a right of entry for any purpose relating to the dominant estate, (3) a right to the support of land and buildings, (4) a right of light and air, (5) a right to water, (6) a right to do some act that would otherwise amount to a nuisance, and (7) a right to place or keep something on the servient estate. See SERVITUDE. Cf. PROFIT A PRENDRE.
easement appurtenant
See EASEMENT.
easement by estoppel
A court-ordered easement created from a voluntary servitude after a person, mistakenly believing the servitude to be permanent, acted in reasonable reliance on the mistaken belief.
easement by estoppel.
See EASEMENT.
easement by implication
See implied easement.
easement by necessity
An easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road. - Also termed easement of necessity; necessary way. easement by prescription See prescriptive easement.
easement by necessity.
See EASEMENT.
easement in gross
An easement benefiting a particular person and not a particular piece of land. ( The beneficiary need not, and usu. does not, own any land adjoining the servient estate. Cf. easement appurtenant
easement in gross.
See EASEMENT.
easement of access
See access easement.
easement of convenience
See EASEMENT.
easement of natural support
See lateral support under SUPPORT.
easement of necessity
See easement by necessity.
easement proper
See easement appurtenant.
equitable easement
1. An implied easement created by equity when adjacent lands have been created out of a larger tract. ( Such an easement is usu. created to allow implied privileges to continue. 2. See restrictive covenant (1) under COVENANT (4).
exclusive easement
An easement that the holder has the sole right to use. Cf. common easement.
flight easement
See avigational easement.
flight easement.
See auigational easement under EASEMENT.
floating easement
An easement that, when created, is not limited to any specific part of the servient estate.
floating easement.
See EASEMENT.
flowage easement
A common-law easement that gives the dominant-estate owner the right to flood a servant estate, as when land near a dam is flooded to maintain the dam or to control the water level in a reservoir.
implied easement
An easement created by law after an owner of two parcels of land uses one parcel to benefit the other to such a degree that, upon the sale of the benefited parcel, the purchaser could reasonably expect the use to be included in the sale. - Also termed easement by implication.
intermittent easement
An easement that is usable or used only from time to time, not regularly or continuously.
light-and-air easement
A negative easement preventing an adjoining landowner from constructing a building that would prevent light or air from reaching the dominant estate. See negative easement. Cf solar easement.
mineral easement
An easement that permits the holder to enter the property to remove minerals from it.
navigation easement
1. An easement giving the federal government the right to regulate navigable waters, even when the regulation interferes with private water rights. 2. See avigational easement.
negative easement
See EASEMENT
nonapparent easement
See discontinuous easement.
noncontinuous easement
See discontinuous easement.
nonexclusive easement
See common easement.
positive easement
See affirmative easement.
prescriptive easement
An easement created from an open, adverse, and continuous use over a statutory period. - Also termed easement by prescription; adverse easement.
private easement
See EASEMENT.
public easement
An easement for the benefit of an entire community, such as the right to travel down a street or a sidewalk
pure easement
See easement appurtenant.