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QUASI EASEMENTS

The principle of quasi easement is that where the one portion


o f t h e p r o p e r t y h a s b e e n dependant on another portion for necessary
advantages and the former portion is alienated, the denial to the grantee of the
enjoyment of similar advantages would be to deprive his new acquired property of
utility and benefit of his bargain. A quasi easement will not come into e x i s t e n c e i f
it is expressly excluded by the terms of the grant or are inconsistent with
t h e intention of the parties

QUASI EASEMENTS Quasi easements are conveniences to which an owner subjects are part
of his property for the benefit of another. Quasi easement meant for better use and convenience
of the dominant tenement. Quasi easements exists in the property even before the property
divided in to two or more parts.

Illustartion A sells B a house with windows overlooking A’s land. The light passing over A’s
land to the windows is necessary for enjoying the house as it was enjoyed when the sale took
effect. Afterwards A sells the land to C. Here C cannot obstruct the light by building on the land
for takes it subject to the burdens to which it was subject in A’s hands.

The term "easement" refers to a stiuation in which one person (or company or governmental
body, etc) has a right to use some part of another person's property. So the person holding the
easement has what's called a "nonpossessory interest" in the other's property. They have the
right to use it, but they do not actually own it

A quasi easement arises when both tracts of land are owned by a single person.
A quasi easement can be converted into a true easement if the landowner sells
one of the tracts of his/her land. This easement can also mean an obligation
relating to land which is not a true easement such as a landowner’s obligation to
maintain the fence between the landowner’s tract and another person’s tract.

What is QUASI EASEMENT?


An “easement,” in the proper sense of the word, can only exist in respect of two
adjoining pieces of land occupied by different persons, and can only impose a negative
duty on the owner of the servient tenement. Hence an obligation on the owner of land to
repair the fence between his and his neighbor’s land is not a true easement, but is
sometimes called a “quasi easement.” Gale, Easem. 516;
A judicial sale is a method plaintiffs use to enforce a judgment. When a plaintiff wins a
judgment against a defendant in civil court, and the defendant does not pay the judgment, the
plaintiff can force the sale of the defendant's property until the judgment is satisfied.

A judicial sale is a sale conducted under a court order, decree, or judgment by a


court-appointed officer or fiduciary. The sale is restricted to specified real or
personal property under specified conditions, must be purchased with money and
confirmed by the court to be a final sale. Judicial sales are usually ordered only
after final judgment, the exception being when the property to be sold is
perishable or otherwise likely to depreciate in value.

An execution sale is a ministerial act, made pursuant to a writ issued by the clerk
of the court, not a court order. The specific property to be sold is generally not
designated in the writ, and the court imposes no conditions. "Special execution
sales," however, are ordered by the court and are required to be reported to that
court for confirmation; to that extent they are similar to judicial sales.

Both types of sale are open to the public, except when private sales are
authorized by the court in certain situations. Under federal rules and in many
state jurisdictions, property to be sold by judicial or execution sale must first be
appraised, if not waived by the parties, and the appraisers' reports, become part
of the terms of the sale.

Notice, either by posting or publication, is nearly always required for execution


and judicial sales and local law may require that notice of an execution sale be
served on the execution debtor. Statutes sometimes give the judgment debtor,
owner, lienor, or other interested persons a right to redeem or reacquire the
proerty by paying the purchase price, plus interest, or by the performance of
some other statutorily prescribed condition. This right of redemption is sometimes
restricted to the sale of real property. The right of redemption may also be
provided for by contract, or, in the case of a judicial sale, by court decree.

a forced sale of property authorized or required by a court of law in


order to satisfy a debt etc

Definition from Nolo’s Plain-English Law Dictionary


A sale ordered by a court, or under the supervision of a court, often conducted by
an official (keeper, trustee, or sheriff) appointed by the court, usually to satisfy a
judgment or implement a court order.