Revision [275]
Last edited on 2006-07-24 08:32:20 by MicroZetaAdditions:
In most states, if a person utilizes property for transit, ingress, or egress over a period of time, and //without// the consent of the property owner, that person may be able to acquire //prescriptive easement//, which would grant that person the right to continue to use the property for that same purpose indefinitely. For example, if a person were to access a building on the other side of a street by going through the lobby of another building, for many years, that person may be able to acquire prescriptive easement, and that would prevent the property owner from barring the use of the property for that purpose.
To block access to someone who has an easement is to //trespass upon the right of easement//, and may open the property owner to a civil lawsuit. In our previous example, the property owner CANNOT block the entrances or exits of that lobby if the person has prescriptive easement.
It should be noted however, prescriptive easement does not protect the right to a view, especially in relation to adjacent properties. It can, however, protect the right to sunlight, and thus may provide another route to prevent the erection of a building which would destroy any given view.
Also, when utilizing certain utilities, the utility company may own certain easements on your property, see [[UtilityEasement utility easements]]
To block access to someone who has an easement is to //trespass upon the right of easement//, and may open the property owner to a civil lawsuit. In our previous example, the property owner CANNOT block the entrances or exits of that lobby if the person has prescriptive easement.
It should be noted however, prescriptive easement does not protect the right to a view, especially in relation to adjacent properties. It can, however, protect the right to sunlight, and thus may provide another route to prevent the erection of a building which would destroy any given view.
Also, when utilizing certain utilities, the utility company may own certain easements on your property, see [[UtilityEasement utility easements]]
Deletions:
To block access to someone who has an easement is to //tresspass upon the right of easement//, and may open the property owner to a civil lawsuit. In our previous example, the property owner CANNOT block the entrances or exits of that lobby if the person has prescriptive easement.
It should be noted however, prescriptive easement does not protect the right to a view, especially in relation to adjacent properties. It can, however, protect the right to sunlight, and thus may provide another route to prevent the errection of a building which would destroy any given view.
