OL 301 3-3 Short Paper
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School
Southern New Hampshire University *
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Course
301
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
2
Uploaded by BrigadierIronShark6493
Sabrina Goodridge
OL 301
3-3 Short Paper
January 25, 2024
Limitations on Rights: Easements
Property rights and limitations on easements are crucial aspects of land ownership that govern the use and access to different types of properties. Easements refer to an agreement and the legal rights to use personal property belonging to another person for a specific purpose without actually owning it. This
can include accessing a shared driveway or running utilities through another person's land. While easements provide important benefits such as allowing for necessary
infrastructure development and safeguarding public access to certain areas, they also come with specific limitations that property owners must carefully consider. We will explore the concept of property rights and its relationship with easements, as well as the various limitations that may apply to these rights. Through understanding these principles, we can better understand how our properties are interconnected and how we can navigate potential conflicts or challenges that may arise concerning easement rights and restrictions. Easements come in three different types they are utility
easements, private easement agreements, and an easement by necessity. First
the utility easement is an agreement that gives the utility company certain rights like to run power lines, water pipes, and other utility types on the person's land or property and this type of easement can be found
on the property’s deed.
Second, private easement agreements are between two private parties like neighbors or
a farmer who uses a part of the land for agricultural needs and is given
access to the property only for that specific reason. Finally, the easement by necessity is a different kind of easement that is enforceable by local laws and doesn’t require a written agreement between parties. An example would be a renter/landlord where they share one driveway that enters the property but splits into two different directions one to the landlord’s property and one to the renter's property. A real-world example of an owner’s property rights being restricted by an easement is when Mr. Jones owns a large lot of land but only has access to this land through a public road that lies on the south property of the land. He decided to split the land into two parcels of land a northside and the southside but decides to keep the northside of the land for his own personal use
and sale the southside of the land that gives him access to into the north part of his property. This
would eventually landlock the northside of the land preventing him from having access to the southside of the land and the road that enters the land. Mr. Jones needs an easement written up on
his property deed that states that an easement is in place for access to the public road on the southside of the property and this easement would need to be an easement by necessity. The easement by necessity will give Mr. Jones exclusive rights to cross onto the southside of the land to use the public road as his entry and exit onto his northside of the land he owns. The easement of necessity needs should recite the respective responsibilities of both parties and recite the exclusiveness of the use and nature of the easement area.
References:
Private Restrictions on Property
. (n.d.). Www.Hg.Org. Retrieved January 28, 2024, from https://www.hg.org/legal-articles/private-restrictions-on-property-23016
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