LAWG 220D1 Lecture Notes - Lecture 8: Appurtenance, Le Droit, Re Ellenborough Park

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Lawg 220d2 lecture 08 notes (2018-02-16: note: a leasehold in the cml is a real right in property. Covenant or rule: underground pipeline for major untility. Ccq 1111: guarantee of unobstructed view over neighbour"s land in the direction of the lake, no children under 12 to stay on property. Personal servitude: the cvl has negative/positive servitudes in doctrine, just not in the code, the continuous/discontinuous easements sort of mean the same thing. As far as prof. piper can tell, negative is just a category of continuous, and. [so, it seems that you couldn"t find a servitude bw mere leaseholders in the. Re ellenborough park granting of easement to use ellenborough park as pleasure ground. Express reservation [if there was an agreement: a reserves the right to access. Express grant [if there was an agreement] (3) implied grant: n. b. is a murky area of the cml, three possible types, (1) an implied easement of apparent accommodation or non-derogation.

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