3 ms·
Interesting. Are there no easement laws in US? Here we have a law that means a landowner (in case of a public land a local council etc) can sue an owner of an a
by Roark66 3y ago
Interesting. Are there no easement laws in US? Here we have a law that means a landowner (in case of a public land a local council etc) can sue an owner of an adjacent plot to provide "an easement". An easement is essentially one or more of : right to pass on foot, or drive through, install services across his land (water/sewer pipe, electricity) etc. The court then decides if the claim is reasonable and if yes grants it while the landowner that has to provide the easement gets monetary compensation calculated in some standard way(taking into account neighboring sales to establish value etc).
On the surface it may seem this law infringes on private property rights(guaranteed by our constitution), but the spirit of it is to prevent infringement on enjoyment of one's property rights by being blocked by another landowner and there is no "precedents" in our legal system so each case is supposed to be decided on its merit and the judge's interpretation of the law alone.
- albrewer 3y agoEasements exist, but they are not automatic; they have to be created and assigned at the time the land is sold or granted, or purchased/created later.