Comment by _heimdall
2 days ago
I could see some kind of legal max duration of a deed restriction, but it seems totally reasonable as long as both parties know the agreement.
If I can't write in a deed restriction then I also don't want the government writing easements and land use restrictions.
I consider easements only valid when in use, or 5 years. That is once you build the "thing" you get to keep the easement, but if you stop using that pipe/cable/... you get 5 years to clean it up. If you are planning on building, you get 5 years to complete it, otherwise you have to start over getting another easement.
I was recently involved in a civil suit where an 50+ year old easement was brought up. I’m glad you only consider the easement valid for 5 years or when in use, but the courts disagree.
The courts have no choice - they are following the law as they should.
However that doesn't mean the law is just or right. This is an important philosophical difference
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