Sunday, September 16, 2012

Topic #3: Private Restrictions on Ownership

An easement is a right given to one party by a landowner to use the land in a specified manner. Easements can be created by many ways. Easement created by express grant is created by the landowner expressly granting a neighbor the right to use a a portion of their property. Easement's can also be created by implication. This occurs when the easement is not expressly created but rather created  through implied factual circumstances that reflect the intentions of the parties. Easement's can also be created through implied reservations which occur when continued use of the property is allowed. Easements are permanent in nature and run with the land. Someone may create an easement by prescription if they openly, hostilely, and continuously use the land for a statutory period of time without interruption. Be carful and watch your land because if this happens, you can lose part of your land to a neighbor permanently. The link below is an example of prescriptive easement in action. This law often upsets many landowners.

http://thompsononeillaw.typepad.com/tov_blog/2012/07/homeowners-lose-prescription-easement-fight-with-nearby-business.html

Adverse Possession allows individuals to acquire title to land they do not own because they have openly possessed it for a statutory period of time. This is also known as squatter's rights. This law can make some feel as if they won the lottery but can make others feel as if they came home to a burned down house and crazy ex-wife beating your Mercedes with a nine iron. I personally do not agree with this law and apparently the courts don't like it either. The link below shows a situation where a squatter is arrested and sentenced to jail for squatting to acquire through adverse possession a $400,000 home which appeared abandoned. He was convicted of theft and burglary.

http://www.khou.com/news/texas-news/Adverse-possession-squatter-sentenced-to-probation-10K-fine-179600151.html

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