They're called "servitudes" here in Louisiana. Our codified civil law is based
on the Code Napoleon, not the precedents of the English Common Law like the rest
of America.
Lowell G. McManus
Leesville, Louisiana, USA
----- Original Message -----
From: "L. A. Nadybal" <lnadybal@...>
To: <BoundaryPoint@yahoogroups.com>
Sent: Wednesday, October 27, 2004 7:03 PM
Subject: [BoundaryPoint] Re: servitudes/extraterritoriality.
>
>
> Hi.
>
> "Servitudes" - is that the term used "down under"? Here in the US, at
> least, we call these real property access conditions "easements".
> I guess we call it that because you want to "back in" quietly when
> you are hovering over someone else's property - especially in this
> country. :-)
>
> What is the term that is used elsewhere?
>
> LN
>
>
> --- In BoundaryPoint@yahoogroups.com, Brendan Whyte <bwhyte@u...> wrote:
> >
> >
> > Any enclave manifests by its very existence a cause of a certain
> degree of
> > 'extraterritoriality' or rather dilution of sovereignty to the host
> state.
> > By recognising its existence, the host state is obliged to
> provide/allow
> > access from the home state to it. This is the same in international
> law, as
> > in domestic law. If you own a property and sell off a section of the
> middle
> > of that property, you are obliged, by that sale, to allow access
> between
> > that sold section and the outer edge of your property/a public road.
> > The India/Portugal ICJ case over Dadra & Nagar Haveli had an article
> by a
> > law professor going trough the legal instances in the domestic laws of
> > dozens of countries.
> >
> > Brendan
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> Yahoo! Groups Links
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