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What is an easement?
What is an encroachment?
Easements and encroachments also
affect your ownership of land. People may have been traveling
across your land for years to gain access to adjacent property.
Your neighbor may have placed a fence across fifteen feet of
your property line. Benefits and burdens run with the land -
what you obtained when you acquired the property from the previous
owner passes to you. The easements and encroachments, whether
they be benefits or burdens upon your land, which existed at
the time that you acquired the land continue, while you own the
land.
An easement is the right of a
nonowner to use your land for a designated purpose (e.g., accessing
the beach in your case). A right of way is a form of easement
granted by the property owner which gives the right to travel
over your land and to have the reasonable use and enjoyment of
your property to others, as long as it is not inconsistent with
your use and enjoyment of the land. These principles had their
origin in traditional common law which governed, for example,
the free flow of water or allowed neighboring landowners to travel
over another's property (an informal "road system").
Although ownership rights of property are lessened by an easement,
society at large benefits due to the additional freedom of movement.
An encroachment is an unauthorized
entry upon land of another; whether or not an obstruction is
placed upon the land. Traditional common law created the action
of trespass for injury to your property (trampling your flower
bed in your case) when another interfered with your property
rights by an unauthorized and direct breach of the boundaries
of your land, enabling you to bring a lawsuit to recover damages
for the intrusion. The converse is also true, when you trespass
or encroach upon the land of another, you can be held responsible
for damages.
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