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68-570: Fair Hill may refer to Places [ edit ] Fair Hill, Appleby-in-Westmorland (where the Appleby Horse Fair takes place), Cumbria, England Fair Hill, Maryland , United States Fair Hill, Penrith , Cumbria, England Other uses [ edit ] Fair Hill Railroad ; a defunct railroad in Pennsylvania Fair Hill Training Center ;

136-686: A condemnation proceeding in the courts. Note that in the United States, in accordance with the Fifth Amendment to the U.S. Constitution, property cannot simply be taken by the government unless the property owner is compensated for the fair market value of what is taken. This is true whether the government acquires full ownership of the property ("fee title") or a lesser property interest, such as an easement. For example, utility providers are typically granted jurisdiction-wide easement to access and maintain their existing infrastructure. In

204-407: A deed or other legal instrument. Alternatively, it may be created by reference to a subdivision plan by "dedication" or in a restrictive covenant in the agreement of an owners association. Generally, the doctrines of contract law are central to disputes regarding express easements. Implied easements are more complex and are determined by the courts based on the use of a property and the intention of

272-444: A utility that allows a linesman to enter the premises , "to install and retain their cabling or piping across private land in return for annual payments to the landowner". Like a license or profit-à-prendre , a "wayleave is normally a temporary arrangement and does not automatically transfer to a new owner or occupier". More generally, a wayleave agreement can be used for the infrastructure needs of any service provider, such as

340-412: A boat ramp) or a commercial use (for example, an easement to a railroad company to cross property to build and maintain a rail line). Historically, an easement in gross was neither assignable nor inheritable, but commercial easements are now freely transferable to a third party. They are divisible but must be exclusive (the original owner no longer uses it and exclusive to easement holder) and all holders of

408-492: A case, Zach's "dominant" parcel would contain an access easement to cross James's "servient" parcel. An easement may be implied, express or created in other ways. Easements are most often created by express language in binding documents. Under most circumstances, having a conversation with another party is not sufficient. Parties generally grant an easement to another, or reserve an easement for themselves on disposition of land. An express easement may be "granted" or "reserved" in

476-478: A definite location or description, is called a floating or roving easement". Furthermore, "a floating easement becomes fixed after construction and cannot thereafter be changed". In general, a wayleave is a right to access or cross the land of another for some purpose. Frequently nowadays in British energy law and real property law , a wayleave is a type of easement, appurtenant to land or in gross , used by

544-498: A dismemberment of ownership if animus is to inclined) as long as the nature of possession is peaceful, continuous, public and unequivocal throughout. (According to article 2922 of the Civil Code of Quebec or CCQ) the prescribed period is 10 years (2917–2920 CCQ), except as otherwise provided by law. (2918 sets a different time for unregistered property. Reduced from 30 years.) Exceptions to prescription: Possession cannot establish

612-494: A driveway easement in the deed. A originally had common ownership of both properties. A also used the driveway during this period. A then severed the land. Although A did not reserve an easement, the driveway is obviously on the property and a reasonable buyer would know what it is for. Finally, the driveway is reasonably necessary for a residential plot; here is an implied easement. Easements by prescription , also called prescriptive easements , are implied easements granted after

680-473: A driveway on parcel B to gain access to A's house. Here, parcel A is the dominant estate, receiving the benefit, and parcel B is the servient estate, granting the benefit or suffering the burden. A private easement is held by private individuals or entities. A public easement grants an easement to the public, for example, to allow public access over a parcel owned by an individual. In the US, an easement appurtenant

748-410: A prescriptive easement can only be determined for an affirmative easement not a negative easement. In all U.S. jurisdictions, an easement for view (which is a negative easement) cannot be created by prescription. Prescription may also be used to end an existing legal easement. For example, if a servient tenement (estate) holder were to erect a fence blocking a legally deeded right-of-way easement,

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816-412: A prescriptive easement. Government- or railroad-owned property is generally immune from prescriptive easement in most cases, but some other types of government owned-property may be subject to prescription in certain instances. In New York, such government property is subject to a longer statute of limitations of action, 20 years instead of 10 years for private property . In most U.S. jurisdictions,

884-587: A previously issued warrant. The number of caravans in the Eden District in 2018 was significantly higher, approximately 20% up on 2017. At the rescheduled 2021 fair, police noted that, with 13 arrests, it was the "worst level of fair-related offending in Appleby since 2014." In 2015, the MASCG Committee reported that improvements in provision of litter bins and signage had resulted a reduction in

952-410: A privately owned pond, or to have access to a public beach. The rights of an easement holder vary substantially among jurisdictions. Historically, common law courts would enforce only four types of easements: Courts now recognize more varieties of easements, but these original four categories still form the foundation of easement law. An affirmative easement is the right to use another property for

1020-417: A public way may have an easement of access over adjacent land if crossing that land is absolutely necessary to reach the landlocked parcel and there has been some original intent to provide the lot with access, and the grant was never completed or recorded but is thought to exist. A court order is necessary to determine the existence of an easement by necessity. To obtain this generally the party which claims

1088-543: A racehorse training center in Maryland Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Fair Hill . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Fair_Hill&oldid=857065434 " Category : Disambiguation pages Hidden categories: Short description

1156-556: A regular but spontaneous gathering, and is not organised by any individual or group, although the Gypsies and Travellers have a Shera Rom (Head Romani), who occupies Fair Hill under Licence from the Town Council, and arranges toilets, rubbish skips, water supplies, horse grazing etc. for Fair Hill. He acts as liaison with the local authority co-ordinating committee (Multi-Agency Strategic Co-ordinating Group, or MASCG), which manages

1224-421: A regular or implied easement rather than a prescriptive easement and immediately becomes binding. An example of this is the lengthy Irish Lissadell House rights of way case heard since 2010, that extended long-standing consents given to individuals into a public right of way. In other jurisdictions, such permission immediately converts the easement into a terminable license, or restarts the time for obtaining

1292-463: A road, or to a source of water) such as the right of lot owners in a subdivision to use the roadway on the approved subdivision plan without requiring a specific grant of easement to each new lot when first conveyed. An easement by necessity is distinguished from an easement by implication in that the easement by necessity arises only when "strictly necessary", whereas the easement by implication can arise when "reasonably necessary". Easement by necessity

1360-552: A servitude under 1181 CCQ, but non-use of a servitude will extinguish it. In the state of Louisiana , a mixed legal jurisdiction with strong civil law roots, prescription can be either acquisitive or liberative, both of which involve the creation or extinguishing of rights over time. Acquisitive prescription in Louisiana is analogous to the common law idea of adverse possession. As defined in La. C.C. Art. 3446, "acquisitive prescription

1428-440: A specific purpose while a negative easement is the right to prevent another from performing an otherwise lawful activity on their own property. For example, an affirmative easement might allow land owner A to drive their cattle over the land of B. A has an affirmative easement from B. Conversely, a negative easement might restrict land owner A from putting up a wall of trees that would block the adjacent land owner B's mountain view. A

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1496-415: A telecommunications network, electricity grid or gas pipeline. In mining law, a wayleave is a right to cross a neighbour's land e.g. in order to convey a mineral to a seaport, and might include the right to run a private railway, payment depending on the tonnage conveyed. Variants of the concept included waterleaves (the right to drain away water) or airleaves (the right to convey air for ventilation). In

1564-521: Is a higher standard by which to imply an easement. In India, easement of necessity could be claimed only in such cases where transfer, bequeathment or partition necessitates such claim. As an example, some U.S. state statutes grant a permanent easement of access to any descendant of a person buried in a cemetery on private property. In some states, such as New York, this type of easement is called an easement of necessity. An easement may also be created by prior use. Easements by prior use are based on

1632-464: Is a mode of acquiring ownership or other real rights by possession for a period of time." Unlike the common law adverse position, Louisiana's acquisitive prescription is not a procedural bar to recovering property but the creation of a new ownership right in the property. Time periods for acquisitive prescription depend on whether the property is movable or immovable and whether the property is possessed in good faith (possessor believes they have title to

1700-738: Is billed as the largest traditional Gypsy Fair in Europe, and is held outside the town of Appleby where the Roman Road crosses Long Marton Road. Horses are washed in the River Eden and trotted up and down the 'flashing lane'. There is a market selling a variety of goods, including those traditional to the Romani and Irish traveller communities, and a range of other horse-related products. The fair incorporates horse riding, horse trading, storytelling and traditional music and dance performances alongside

1768-419: Is built adjacent to the landlocked tenement or another easement is acquired without regard to comparison of ease or practicality between the imposed easement and any valid substitute). There is also an unwritten form of easement referred to as an implied easement or easement by implication, arising from the original subdivision of the land for continuous and obvious use of the adjacent parcel (e.g., for access to

1836-641: Is different from Wikidata All article disambiguation pages All disambiguation pages Appleby Horse Fair The Appleby Horse Fair , previously known as Appleby New Fair , is an annual gathering of Romani people ( Gypsies ) and Travellers in Appleby-in-Westmorland in Cumbria , England. The horse fair is held each year in early June, attracting roughly 10,000 Roma and Travellers, about 1,000 caravans, several hundred horse-drawn vehicles, and about 30,000 visitors. The fair

1904-442: Is one that benefits the dominant estate and "runs with the land" and so generally transfers automatically when the dominant estate is transferred. An appurtenant easement allows property owners to access land that is only accessible through a neighbor's land. Conversely, an easement in gross benefits an individual or a legal entity, rather than a dominant estate. The easement can be for a personal use (for example, an easement to use

1972-487: Is similar to real covenants and equitable servitudes . In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. Easements are helpful for providing a 'limited right to use another person's land for a stated purpose. For example, an easement may allow someone to use a road on their neighbor’s land to get to their own.' Another example is someone's right to fish in

2040-481: Is subject to a negative easement from B. As defined by Evershed MR in Re Ellenborough Park [1956] Ch 131, an easement requires the existence of at least two pieces of land. The land with the benefit of the easement is the dominant estate or dominant tenement, while the land burdened by the easement is the servient estate or servient tenement. For example, the owner of parcel A holds an easement to use

2108-473: The United States , an easement in gross is used for such needs, especially for permanent rights. An access easement can provide access from public land, road or path or a public right of way to a parcel of land. For example, if Zach and James own neighboring parcels of land, Zach's parcel may have easement rights to cross James's parcel from public land, road or path or a public right of way. In such

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2176-400: The 1900s it had evolved into a major Romani and Traveller occasion. Throughout the fair's history, no group claimed ownership of the fair or was charged to attend it, staying to one of the fair's principles of being a people's fair. The legal status of the fair does not depend on a charter, but on the legal concept of 'prescriptive right': easement by prescription or custom . The fair is

2244-486: The New Fair. It was originally a livestock market, not a horse fair, until the advent of the railway caused livestock markets to relocate near the railways. Appleby's medieval borough fair, held at Whitsuntide , ceased in 1885. The 'New Fair', held in early June on Gallows Hill, which was then unenclosed land outside the borough boundary, began in 1775 for sheep and cattle drovers and horse dealers to sell their stock; by

2312-415: The bill was enforced, police could confiscate the homes of Gypsies and Travellers if, upon complaint of local residents, they did not immediately move on. Welch highlighted the substantial shortage of approved permanent pitches and transit pitches at Traveller sites, leaving many Travellers with nowhere legal to stop. The fair was cancelled in 2001 due to an outbreak of foot-and-mouth disease. In 2020,

2380-403: The debtor and starts the tolling of another prescriptive period. This differs from peremption , which is a fixed time for the existence of a legal right and which cannot be renewed like liberative prescription. When a property owner misrepresents the existence of an easement while selling a property and does not include in the deed to the buyer an express easement over an adjoining property that

2448-411: The dominant estate has used the property in a hostile, continuous and open manner for a statutorily prescribed number of years. Prescriptive easements differ from adverse possession by not requiring exclusivity. Once they become legally binding, easements by prescription hold the same legal weight as written or implied easements. But, before they become binding, they hold no legal weight and are broken if

2516-425: The dominant tenement holder would have to act to defend their easement rights during the statutory period or the easement might cease to have legal force, even though it would remain a deeded document. Failure to use an easement leading to loss of the easement is sometimes referred to as "non-user". Under the civil law of Quebec possessors with the animus (will) to be owners can acquire a right of ownership (or to

2584-401: The easement files a lawsuit, and the judge weighs the relative damage caused by enforcing an easement against the servient estate against the damage to the dominant estate if the easement is found not to exist and is thus landlocked. Because this method of creating an easement requires imposing a burden (the easement) upon another party for the benefit of the landlocked owner, the court looks to

2652-490: The easement must agree to divide. If subdivided, each subdivided parcel enjoys the easement. A floating easement exists when there is no fixed location, route, method, or limit to the right of way . For example, a right of way may cross a field, without any visible path, or allow egress through another building for fire safety purposes. A floating easement may be public or private, appurtenant or in gross. One case defined it as "(an) easement defined in general terms, without

2720-453: The easement will not usually be described precisely, but its general position will be defined by the service route (i.e., the sewer pipes in this example). Power and water lines may also have implied easements linked to them, but drainage and stormwater systems are commonly precisely defined in location and recorded in the title documents for private land. Necessity alone is an insufficient claim to create any easement. Parcels without access to

2788-423: The effect that alternative dates of 12–15 August 2021 had been identified for the 2021 Appleby Fair, subject to favourable Covid-19 data and the national relaxation of restrictions on large gatherings, which were planned to be announced on 21 June 2021. According to police estimates, 300-400 people visited Appleby over the weekend of 4–6 June, mostly day trippers, being a mixture of Gypsies and tourists. Behaviour

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2856-412: The exclusivity requirement has been interpreted to mean that the prescriptive user must use the easement in a different way from the general public, i.e., a use that is "exclusive" to that user. The period of continuous use for a prescriptive easement to become binding is generally between 5 and 30 years depending upon local laws (sometimes based on the statute of limitations on trespass). Generally, if

2924-460: The fair is in progress. All licensed campsites pay their own clean up costs, and the local authority pays for street cleaning and provision of basic services at authorised and un-authorised stopping places. In 2024 local residents requested a detailed breakdown of public costs. In 2021, Shera Rom Billy Welch warned Home Secretary Priti Patel that the event was threatened by the proposed Police, Crime, Sentencing and Courts Bill , stating that if

2992-505: The fair was cancelled due to the COVID-19 pandemic . The 2020 fair was held nonetheless with six participants, in response to a Traveller belief that the fair would be lost if it did not occur. As many as a hundred spectators also defied the ban. The slow response to cancel the Fair in 2020 caused upset in the town; the impression from some was that the council put financial gain of a few over

3060-429: The fair, the lowest for several years; arrests were made for, among other things, drug use, drunkenness, and obstruction, which senior police confirmed was not disproportionate to other large-scale public gatherings. In 2015, this number came down further, with only 15 arrests over the whole fair, for what the police described as "mostly low level disorder". During the 2018 fair there were 7 arrests, including one arrest for

3128-506: The health of Travellers and locals, particularly the vulnerable and elderly, waiting for government legislation to be enforced rather than acting on guidance before the event was cancelled. In 2021, Covid-19 restrictions on mass gatherings prevented the fair taking place on the traditional dates (3–7 June), and on 21 June 2021 the Multi Agency Strategic Co-ordinating Group published a statement to

3196-508: The horses are taken down to 'the Sands', near the Appleby town centre beside the River Eden , where horses are ridden into the river to be washed, and it is not unusual to see scores of horses tied up opposite The Grapes public house. The highway at that location is closed to vehicle traffic for the main days of the fair, which are now the Friday, Saturday and Sunday. The fair customarily ends on

3264-434: The idea that land owners can intend to create an easement, but forget to include it in the deed . There are five elements to establish an easement by prior use: A owns two lots. One lot has access to a public street and the second is tucked behind it and fully landlocked. A's driveway leads from the public street, across the first lot and onto the second lot to A's house. A then sells off the first lot but forgets to reserve

3332-404: The land believing that there would be access to the bridge and the driveway and Joe then paid for a house and a connection, Joe can be said to rely on Ray's promise of an easement. Ray materially misrepresented the facts to Joe. In order to preserve equity, the court will likely find an easement by estoppel. On the other hand, if Ray had offered access to the bridge and driveway after selling Joe

3400-416: The land, there may not be an easement by estoppel. In this instance, it is merely inconvenient if Ray revokes access to the driveway. Joe did not purchase the land and build the house in reliance on access to the driveway and bridge. Joe will need to find a separate theory to justify an easement. In the United States , easements may be acquired (bought) by the government using its power of eminent domain in

3468-586: The law of England and Wales following the incorporation of the European Convention on Human Rights into English law, any deprivation of the rights of the owner of property must be "in accordance with law" as well as " necessary in a democratic society " and "proportionate". In certain jurisdictions in the United States, especially California , the court has the power to grant an equitable easement based on principles of equity (fairness). Equitable easements can be created for physical encroachments where

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3536-557: The number of tonnes of litter from 43 tonnes (47 tons) to 29 tonnes (32 tons). The cost of policing the fair in 2021 (post Covid) was stated as £344,464 and fell to £167,595 in 2022. There is controversy regarding other costs met by the Cumbrian taxpayer. The fair brings in significant income for local businesses and land owners, particularly accommodation and fast food providers, public houses, grocery stores and campsite owners, but many local businesses prefer to close their doors while

3604-403: The original circumstances in weighing the relative apportionment of benefit and burden to both lots in making its equitable determination whether such easement shall be created by the court. This method of creating an easement, being an active creation by a court of an otherwise non-existent right, may be automatically extinguished upon termination of the necessity (for example, if a new public road

3672-546: The original parties, who can be private or public/government entities. Implied easements are not recorded or explicitly stated until a court decides a dispute, but reflect the practices and customs of use for a property. Courts typically refer to the intent of the parties, as well as prior use, to determine the existence of an implied easement. Disputes regarding implied easements usually apply the principles of property law. A government authority or private service provider may acquire an implied easement over private land by virtue of

3740-435: The persons responsible and condemning the cruelty, which Shera Rom Billy Welch described as 'a stain on the reputation of the fair which will be hard to wash out.' Both he and RSPCA noted that the very great majority of horses at the fair are well treated and in good condition. 54°35′21″N 2°29′42″W  /  54.5893°N 2.4950°W  / 54.5893; -2.4950 Easement by prescription An easement

3808-461: The promise that Joe can use Ray's driveway and bridge to the main road at any time, but Ray does not include the easement in the deed to the land. Joe, deciding that the land is now worth the price, builds a house and connects a garage to Ray's driveway. If Ray (or his successor) later decides to gate off the driveway and prevent Joe (or Joe's successor) from accessing the driveway, a court would likely find an easement by estoppel. Because Joe purchased

3876-410: The property) or in bad faith. Liberative prescription is analogous to the common law statute of limitations. As defined in La. C.C. Art. 3447, "liberative prescription is a mode of barring of actions as a result of inaction for a period of time." It can be renewed by the party who has gained its protection. For example, a debtor's admission that a debt is still owed renews the creditor's claim against

3944-481: The public authorities' response to the fair. The "Shera Rom" is the head of his extended family only, but is recognised as a spokesman for the wider Romani community. Other landowners operate campsites and car parks, and they arrange their own toilets, water and clean-up. The main activities take place on Fair Hill (the main campsite field, with some catering and trade) and more recently on the Market Field, which

4012-413: The public service it performs. For example, a local authority may have the responsibility of installing and maintaining the sewage system in an urban area. Merely by the fact that it has that responsibility, usually enshrined in some statute or local laws, may give the authority the right, by virtue of an implied easement, to enter private property to carry out installation and maintenance. The location of

4080-408: The sale and display of traditional clothing, cuisine and handmade crafts. Hand-painted Romanichal vardos and Irish Traveller wagons are also displayed at the fair. The fair was never chartered, but was started in order to compete with the existing chartered Appleby fair. Originally named "New Fair", the name stuck even after the original fair closed and the borough expanded to include the grounds of

4148-775: The second Wednesday in June, and starts on the Thursday before that. Although the last Tuesday was once the main horse dealing day, due to the growth of the market field and the large number of visitors, the main day is now the Saturday, with the fair's activities over by the Monday morning. Besides the horses, there are fortune tellers, palm readers, buskers and music stalls, clothing stalls, tools and hardware, china, stainless steel, and horse-related merchandise including harness and carriages. The horse fair has generated some controversy over

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4216-445: The seller owns, a court may step in and create an easement. Easements by estoppel generally look to any promises not made in writing, any money spent by the benefiting party in reliance on the representations of the burdened party, and other factors. If the court finds that the buyer acted reasonably and in good faith and relied on the seller's promises, the court may create an easement by estoppel. For example: Ray sells land to Joe on

4284-403: The true property owner acts appropriately to defend their property rights at any time during the required time period the hostile use will end, claims on adverse possession rights are voided, and the continuous use time period will be reset to zero. In some jurisdictions, if the use is not hostile but given actual or implied consent by the legal property owner, the prescriptive easement may become

4352-495: The true property owner takes appropriate acts to defend their ownership rights. Easement by prescription is typically found in legal systems based on common law , although other legal systems may also allow easement by prescription. Laws and regulations vary among local and national governments, but some traits are common to most prescription laws: Unlike fee simple adverse possession, prescriptive easements typically do not require exclusivity . In states that do, such as Virginia,

4420-565: The very great majority of horses at the fair are well looked after, well treated, and in good condition. In 2016, the RSPCA stated unequivocally that although there were some welfare issues, mostly brought about by the hot weather, there is only a small minority of people who attend the Fair that have little regard for animal welfare. In 2024, two horses died at the fair after being worked to exhaustion. The RSPCA and Gypsy and Traveller representatives issued statements appealing for information about

4488-506: The years, with some complaints of mess being left in the town, violent crime, and animal cruelty. The Local Authority (Eden District Council, which convenes the Multi-Agency Strategic Co-Ordinating Group to manage the official response to the fair) is required to deal with these matters, and their official sources provide a context for these controversial issues. In 2014, there were 28 arrests at

4556-519: Was described as "very positive in the main". There were only around 10 caravans instead of the usual 1,000-plus. In 2022, the fair began on 9 June 2022, to avoid a clash with the Queen's Platinum Jubilee celebrations. The RSPCA patrols the fair scrupulously and, although in 2009 Animal Aid called for the fair to be banned, the instances of cruelty are few, and are prosecuted where they do occur. Warnings and advice are given in borderline cases, and

4624-442: Was opened up by a local farmer about 10 years ago, and is now the main stall trading and catering area. There are half a dozen licensed campsites and car parks nearby. Most horse trading takes place at the crossroads (known to the local authority as 'Salt Tip Corner') and on Long Marton Road (known to the Gypsies and Travellers as the 'flashing lane'), where horses are shown off (or 'flashed') by trotting up and down at speed. Many of

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