Comment by bluGill

2 days ago

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

    • A philosophical difference for sure, I happen to find plenty of laws to be unjust, not right, and even unconstitutional. In this comment chain that seems a bit out of place though, I thought we were specifically talking about the laws at play here (maybe I misread it though!)