Legal English – Peter’s Pills – Lesson 59 – Appurtenent vs In gross
Appurtenant vs In gross
Transcript:
In Peter’s Pills 42 (“Easement vs Profit à prendre“) we discovered that in the common law system an easement is the right to use someone’s land (e.g., right of way), while a profit à prendre is the right to take something away from someone’s land (e.g., wood; grass etc) . Today we see how these two can be either appurtenant (appartenenti) or in gross (in proprio).
Appurtenant
When an easement or profit à prendre is appurtenant it runs with, or follows, the land and is binding (vincolante) on successive owners of the dominant and servient tenements (tenimenti). The appurtenant right is linked to the ownership of a specific piece of land, the dominant tenement, and it belongs to the land itself, and it is transferred with the land when it is sold or conveyed (ceduto). It cannot be registered with its own title in the land registry. For example, in the UK a right of way over a servient tenement is an appurtenant easement which may be entered as a benefit in the property register for the dominant land and as a notice in the charges register for the servient land.
In gross
On the other hand, when an easement or profit à prendre is in gross, it does not run with the land, and it is not attached to the ownership (legata alla proprietà) of any particular piece of land. It is a right which may be registered with its own title in the land registry system and which may be disposed of (ceduto) independently from any land that the holder owns (di cui il titolare è proprietario).
Examples in gross
An example of an easement in gross is when a utility company has the right to run electric power lines through property which the company does not own. Depending on how this easement was granted, the company may, or may not, have the right to transfer this easement to another company without authorisation from the owner of the land. This easement in gross may be registered in the land register with its own title.
Similarly, examples of a profits à prendre in gross are when a person has been granted fishing rights on land the person does not own or when a company has been granted mining rights (estrazione mineraria). Once again, depending on how this easement was granted, the person or company may, or may not, have the right to sell or otherwise transfer the profit à prendre to another person without authorisation from the owner of the land. Profits à prendre in gross may be registered in the land registry system with their own title.
Thank you, and see you next time for more Peter’s Pills to improve your legal English.
Read more about profits a prendre appurtenant or in gross here: “Practice guide 16: profits a prendre“.
Legal English – Sommario delle Lezioni
Legal English – Peter’s Pills – Lesson 59 – Appurtenent vs In gross
Legal English – Peter’s Pills – Lesson 58 – Building societies and Banks
Legal English – Peter’s Pills – Lesson 57 – Valid, void and voidable contracts
Legal English – Peter’s Pills – Lesson 56 – Rescission
Legal English – Peter’s Pills – Lesson 55 – Golden expressions
Legal English – Peter’s Pills – Lesson 54 – Pre-emption right vs Right of first refusal
Legal English – Peter’s Pills – Lesson 53 – What do we mean by “agent” of a company?
Legal English – Peter’s Pills – Lesson 52 – Voting at a meeting
Legal English – Peter’s Pills – Lesson 51 – Contracts vs Deeds
Legal English – Peter’s Pills – Lesson 50 – Executive and Non-Executive Directors
Legal English – Peter’s Pills – Lesson 49 – Transfer of shares vs transmission of shares
Legal English – Peter’s Pills – Lesson 48 – They, them, their for singular nouns
Legal English – Peter’s Pills – Lesson 47 – Jointly and severally
Legal English – Peter’s Pills – Lesson 46 – Invoice words
Legal English – Peter’s Pills – Lesson 45 – Quotation
Legal English – Peter’s Pills – Lesson 44 – Gazumping and Gazundering
Legal English – Peter’s Pills – Lesson 43 – English words that the English do not understand
Legal English – Peter’s Pills – Lesson 42 – Easement vs Profit à prendre
Legal English – Peter’s Pills – Lesson 41 -er, -or and -ee names
Legal English – Peter’s Pills – Lesson 40 – The Objects Clause
Legal English – Peter’s Pills – Lesson 39 – When is Latin hot, and when is it not?
Legal English – Peter’s Pills – Lesson 38 – Default
Legal English – Peter’s Pills – Lesson 37 – Company Agent
Legal English – Peter’s Pills – Lesson 36 – Injunction (false freind)
Legal English – Peter’s Pills – Lesson 35 – Mortgage
Legal English – Peter’s Pills – Lesson 34 – Freehold, Leasehold and Commonhold estates
Legal English – Peter’s Pills – Lesson 33 – Transferor, Transferee and Transmittee
Legal English – Peter’s Pills – Lesson 32 – Tax evasion, tax mitigation and tax avoidance
Legal English – Peter’s Pills – Lesson 31 – Numbers
Legal English – Peter’s Pills – Lesson 30 – Ordinary resolutions vs special resolutions
Legal English – Peter’s Pills – Lesson 29 – AGM vs EGM
Legal English – Peter’s Pills – Lesson 28 – A going concern
Legal English – Peter’s Pills – Lesson 27 – Collocations: Violate, breach, break, disobey and infringe
Legal English – Peter’s Pills – Lesson 26 – Company meeting words
Legal English – Peter’s Pills – Lesson 25 – Mortgagor vs Mortgagee
Legal English – Peter’s Pills – Lesson 24 – Fixed charges vs Floating charges
Legal English – Peter’s Pills – Lesson 23 – Doctrine
Legal English – Peter’s Pills – Lesson 22 – Construe
Legal English – Peter’s Pills – Lesson 21 – Sign vs Execute
Legal English – Peter’s Pills – Lesson 20 – The closing statement
Legal English – Peter’s Pills – Lesson 19 – Writing Business Emails
Legal English – Peter’s Pills – Lesson 18 – Limited companies
Legal English – Peter’s Pills – Lesson 17 – Annual Accounts
Legal English – Peter’s Pills – Lesson 16 – Meetings
Legal English – Peter’s Pills – Lesson 15 – Attorney-at-law vs Attorney-in-fact
Legal English – Peter’s Pills – Lesson 14 – Here and there compounds
Legal English – Peter’s Pills – Lesson 13 – Subject Matter
Legal English – Peter’s Pills – Lesson 12 – The clear days rule
Legal English – Peter’s Pills – Lesson 11 – Shareholder, Member or Holder of shares?
Legal English: Peter’s Pills – Lesson 10 – Competition Law
Legal English: Peter’s Pills – Lesson 9 – Lasting Power of Attorney
Legal English: Peter’s Pills – Lesson 8 – Guardianship
Legal English: Peter’s Pills – Lesson 7 – Damage vs Damages
Legal English: Peter’s Pills – Lesson 6 – Legal Doublets
Legal English: Peter’s Pills – Lesson 5 – Escrow
Legal English: Peter’s Pills – Lesson 4 – Memorandum of Association vs Articles of Association
Legal English: Peter’s Pills – Lesson 3 – Sign legibly
Legal English: Peter’s Pills – Lesson 2 – Deed poll
Legal English: Peter’s Pills – Lesson 1 – Party, counterparty and counterpart
L’articolo Legal English – Peter’s Pills – Lesson 59 – Appurtenent vs In gross sembra essere il primo su Federnotizie.
