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A privilege or intangible right,
which the owner of one parcel of real, property, called the dominant tenement,
has concerning another parcel of real property, called the servient estate, by
which the owner of the latter is obligated not to interfere with the privilege.
The most common easements are in the nature of passageways, e.g., road,
walkway, railroad, pole line or pipeline. It is technically classified as an
incorporeal hereditament.
Formerly a mixed action at
common law, which depended on fictions in order to escape the inconveniences in
the ancient forms of action. It was a mixed action, because it sought to
recover both possession of land (a real property claim), and also damages (a
personal property claim). Various statutory proceedings for the recovery of
land, some of which bear the same name, have taken place in most of the United
States.
Fairness. A type of justice that
developed separately from the common law, and which tends to complement it. The
current meaning is to classify disputes and remedies according to their
historical relationship and development. Under modern rules of civil procedure,
law and equity have been unified. Fed. R. Civ. P.2. Historically, the courts of
equity had a power of framing and adapting new remedies to particular cases,
which the common law courts did not process. In doing so, they allowed
themselves latitude of construction and assumed, in certain matters such as
trusts a power of enforcing moral obligations which the courts of law did not admit
or recognize (2) A right or obligation attaching to property or a contract. In
this sense, one person is said to have a better equity than another.
The condition and circumstance
in which a person stands with regard to those around him and his property. (2)
The quantum or quality of the interest which a person has in property. Estates
in property may be: legal or equitable; real or personal; vested or contingent;
in possession or in expectancy; absolute, determinable, or conditional; sole,
joint, or in common; of freehold or less than freehold. (3) Includes the
property of a decedent, trust, or person whose affairs are subject to the
Uniform Probate Code, as originally constituted and as it exists from time to tome during administration. Uniform
program Probate Code ss 1&-201(11).
Lat., "of the one part'; an
action which is not an adverse proceedings against someone else.
The writ, order or process
issued to a sheriff, directing him to carry out the judgment of a court, e.g.,
to make the money due on the judgment out of the property of the defendant.
An award of money given because
of torts committed through malice or with circumstances of aggravation which is
in addition to compensation for the injury inflicted.
Something which is stated in
direct words, and not left to implications e.g., an express promise, express
trust.
