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Does it grant a positive property right?
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NO
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is it an ancient right (light/air)
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YES
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YES
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NO
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Is it registered?
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NO
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Equitable easement: not transferrable
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Not an easement
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YES
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Is it non-exclusive or transitory?
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YES
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NO
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Is it expressly granted?
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NO
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Not an easement
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Is it wide/vague?
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NO
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Does it amount to joint occupation or substantially deprive the owner of proprietorship?
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NO
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Is there a dominant tenement?
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YES
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YES
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NO
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Not an easement
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NO
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Is it benefited?
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YES
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Probably an easement!
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Easements
