Easement: A right over a neighbour”s land or waterway. An easement is a type of servitude. For every easement, there is a dominant and a servient tenement, or piece of land . Rights-of-way are the most common easements, but others include the right to tunnel under another”s land, to emit smoke or fumes, to access a dock and to use a well. An easement that is not used for a long time may be lost.
Tag: Legal Terms
Emolument
Emolument: Wages, benefits or profits received as compensation for holding office or employment.
Endorsement
Endorsement: Writing on a document. With a bill of exchange, an endorsement is a signature on the back of the bill by which the person to whom the note is payable transfers the right of payment to the bearer or to a specific person. An endorsement may restrict payment to one person only, and prohibit any further endorsements.
Endorsement of claim
Endorsement of claim: Concise summary of the facts supporting a legal claim.
Endowment
Endowment: Transfer of money or property (usually as a gift) to a charitable organisation for a specific purpose, such as research or a scholarship.
Equity
Equity: The law of equity developed to temper the rigid interpretation given by medieval English judges to the common law. For hundreds of years, there were separate courts in Ireland for common law and equity (known as courts of Chancery). Where decisions conflicted, equity prevailed. In 1877, the two systems were merged. The principles of equity, based on fairness, include “equity will not suffer a wrong to be without a remedy” and “equity looks on the intent, rather than the form”.
Estoppel
Estoppel: Rule of evidence which prevents a person from relying on facts when, by deed, word or action, he has led another person to act to his detriment on those facts. Estoppel is a defence, not a cause of action. Anyone who wishes to rely on the defence of estoppel to defend an action must plead it.
Evidence
Evidence: Testimony of witnesses at a trial, or the production of documents or other materials to prove or disprove a set of facts. Evidence may be direct or circumstantial (that is evidence from which a fact may be presumed). The best evidence available – such as original, rather than copy, documents – must generally be presented to a court.
Ex aequo et bono
Ex aequo et bono: (Latin: in justice and fairness) Most legal cases are decided on the strict rule of law. But, where a case is decided ex aequo et bono, the judge may make a decision based on what is just and fair in the circumstances.
Ex parte
Ex parte: (Latin: on the part of) Court application made without notice to the other side. One party is therefore neither present nor represented.