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DROIT ECLAIREMENT [1 record]

Record 1 2013-05-21

English

Subject field(s)
  • PAJLO
  • Property Law (common law)
CONT

There are two kinds of easement known to the law: positive easements, such as a right of way, which give the owner of land a right himself to do something on or to his neighbour's land: and negative easements, such as a right of light, which gives him a right to stop his neighbour doing something on his (the neighbour's) own land. ("Words and Phrases/England", 2nd ed., 1969, Vol. 2, p. 137).

CONT

The right to light is not a natural right of property but is a negative easement that has to be acquired. The right can only relate to apertures in buildings and can only be acquired by means that have a legal recognition. The right is an advantage to the dominant tenement and a burden to the servient tenement. (Anger and Honsberger, 2nd, p. 959)

French

Domaine(s)
  • PAJLO
  • Droit des biens et de la propriété (common law)
OBS

droit d'éclairement : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

Spanish

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