ENGLISH law - What does this mean:?

Question

"An easement right or privilege in or over land for an interest equivalent to an estate in fee simple absolute in possession or a term of years absolute"???

Law of Property Act 1925, s.1(2)

To be even more specific, would an easement whereby right of way was granted to 'A and his successors in title'???

meet this these requirements?

Answer 1

It sounds like something to do with a leasehold agreement or a right of way across a property. Not sure though!

Answer 2

A right of way for A and his successors in title may be a legal easement if it is expressed to be for a term of years (e.g for 99 years from 1 January 2000) or perpetual (in fee simple).

If it is expressed to terminate at an uncertain date (e.g. until an alternative road is built) then it's not a legal easement.

http://en.wikipedia.org/wiki/Easement

Answer 3

An easement, right or privilege over land which passes to successors in title, whether they hold the interest in land outright (in fee simple) or under a lease.

Answer 4

Easements or other privileges are burdens to realty (land and buildings, effectively), but it's not defined here what precisely they are. 'Fee simple absolute in possession' means freehold, while 'term of years absolute' means basically leasehold, ie. two different ways (time-unlimited and time-limited) of holding title to the realty in question. Without knowing what context you've taken this from, it's impossible to say what this conclusively refers to.

Answer 5

It is the language of the practioner. You may not know unless you join that merry band of inlaws.

Answer 6

Impossible to say with certainty. It is an incomplete sentence with no context.