Posted on 01/27/2007 1:36:11 PM PST by tpaine
The law relating to easements can indeed get pretty complicated. The strange loopholes are most often the result of a failure of the parties to come to agreement before they reduce their intent to writing.
Easements can for the most part be divided into two rather broad classes. Those that are personal in nature or which encumber an entire holding, are classified as easements engross. On the other hand, some easements are created for the express purpose of benefiting some other parcel of property are know as easements appurtenant.
The easements created expressly for the benefit of some other property in almost all cases flow with the title to the dominant tenement. Thus, the new owner of a property which was burdened by an easement will take title subject to the same burden as the former owner. Easements appurtenant with rare exceptions can last forever.
Easements that are personal in nature may or may not flow with the title. In my example above about picking apples the right granted is personal. To insure that that right remained intact, a transfer of title should expressly state that the personal easement is intended to pass also.
Try to remember that easements are intangible. You cannot see them and you cannot touch them. Easements are rights. Some can be located while others float around awaiting some event that will allow them to rest in a specific place.
In the case being hacked to pieces here, most likely the town held an easement engross which may or may not have been a floater.
I have been working with land boundaries for more that 50 years. I have surveyed them, defined them and argued their location in Court. I have been employed as a right of way agent and as an appraiser of real property. Sometimes I was even charged with negotiating the purchase of land for sewers just like the one under discussion here.
If I were on a Jury in a trial to determine who was at fault here I would without hesitation lay blame at the feet of those public officials who were in charge of this sad affair.
Semper Fi
An Old Man
--Thanks upallnight, for clearly showing your obsession about GA, -- and your frustration at being unable to refute my position.---
You could clear it up with a simple yes or no but you continue to distract and divert. You credibility is falling.
A yapping dog threatens your safety? I feel sorry for you.
--Though this happened over 20 years ago, I believe he did.--
Don't go posting stories on what you believe. If he didn't call the cops then he didn't exhaust available resources. You don't know.
Since you have so little faith in our government, please move to North Korea. They will take better care of you there.
--And calling the authorities? I actually had a neighbor call the authorities on me once on something very minor that I would have happily rectified immediately. --
Huh? Nobody is advocating calling the cops prior to working it out one-on-one. Perhaps you had had previous problems with this neighbor and he felt that he could no longer work things out with you based on your previous behavior?
--And calling the authorities?--
Perhaps you don't know how to work with the authorities. Try looking inside at your attitude.
Yep.
--And calling the authorities? --
You might find your relationships with the police a little better if you didn't go around saying we should kill them.
>>A yapping dog threatens your safety? I feel sorry for you<<
Huh?
>>Perhaps you had had previous problems with this neighbor and he felt that he could no longer work things out with you based on your previous behavior?<<
Nope.
>>Huh? Nobody is advocating calling the cops prior to working it out one-on-one. <<
I was responding to a post where it was implied that FIRST you call the authorities. I was verbosely disagreeing.
You were responding to a post about a yapping dog by implying that one needn't bother calling the cops since they won't protect your safety.
>>Perhaps you don't know how to work with the authorities. Try looking inside at your attitude.<<
Attitude? It is interesting that you, of all people, would use that word. ;)
BTW, I have a very good relationship with the authorities, some are even friends of mine.
--I was responding to a post where it was implied that FIRST you call the authorities. I was verbosely disagreeing.--
I know. Your position is that we should eliminate the "little hitlers".
--BTW, I have a very good relationship with the authorities, some are even friends of mine.--
Are they aware of your feelings that they should be eliminated? Or do you really not mean what you post here.
"You gotta kill the grunts in the foxholes to get to Hitler."
You could clear it up with a simple yes or no but you continue to distract and divert. You credibility is falling.
I answered your silly leading question once. -- And you rejected that, demanding a "yes or no". -- You've 'fallen' into an obsession. Get help.
>>Are they aware of your feelings that they should be eliminated? Or do you really not mean what you post here.
"You gotta kill the grunts in the foxholes to get to Hitler."<<
For some jurisdictions they would strongly agree with me.
But regardless, you miss my point.
The best I can determine is that:
1. You approve of the GA bill.
2. I approve of the GA bill.
3. The GA bill allows the employer to prohibit what is brought onto his private parking lot.
4. You called me a gun-grabber.
ERGO - You are a gun-grabber?
I know none of this makes sense, just hoping you would clear it up.
--For some jurisdictions they would strongly agree with me. --
Which jurisdictions agree with murdering civil servants? I would like to know and bring it to the attention of the proper authorities.
--I was responding to a post where it was implied that FIRST you call the authorities.--
Keep up with the thread. He explicity stated that he tried to work it out with his neighbor first.
--I was responding to a post where it was implied that FIRST you call the authorities.--
The leading question?
After further review, do you still support the GA bill?
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