Projects > Song Crimes

Unrelated Law Things

(1/7) > >>

Cheapskate:
As long as weíre going to have our own subforum, I might as well start a thread where you can ask me about law stuff unrelated to song lyrics, and Iíll provide you with words that are not legal advice and that you should not rely upon. So this is that thread.

SATAN MILKSHAKE:
Cheapskate is not a law firm

Victor Laszlo:
Knowing that this will vary from state to state, or maybe even city to city, can you explain implied easements to me?  Like, this path from this public street onto this public property has been open for 50 years and now there's a locked gate there, and "we never meant for that to be used as an entrance."  Is there some degree to which 50 years of unfettered access sets a precedent - is that a common law entrance now?

Cheapskate:
Knowing that this will vary from state to state, or maybe even city to city, can you explain implied easements to me?  Like, this path from this public street onto this public property has been open for 50 years and now there's a locked gate there, and "we never meant for that to be used as an entrance."  Is there some degree to which 50 years of unfettered access sets a precedent - is that a common law entrance now?
Victor Laszlo, September 05, 2017, 07:52:01 pm
--- End quote ---

That depends on what people were doing on that path for fifty years. My state (Idaho) has a pretty common rule for prescriptive easements. (Thatís what we call an easement that you get by open use of a propertyóan implied easement is one you get when you subdivide a single parcel and donít leave a public right-of-way running onto one of the new parcels.) You get a prescriptive easement if your use of the pathway is:

ē open and notorious (youíre crossing the path in a way that people can see you do it, not skulking furtively about)
ē continuous and uninterrupted (there wasnít another closed gate there)
ē adverse and under a claim of right (you had reason to believe that you were allowed to cross the path, and the owner didnít expressly permit you to use the path)
ē with the actual or imputed knowledge of the owner of the servient tenement (the guy who owns the path knew, or had reason to know, you were using it)
ē for the statutory period of five years (self-explanatory).

Note that third one: if Iím just putting up a sign that says anyone can use the path, itís not a prescriptive easement. Itís only a prescriptive easement if you donít have the right to use it, but Iím not stopping you. In this case, a guy loses his prescriptive easement, in part, because the other guys put a lock on the gate, but gave him a key to open the gate.

Because theyíre hard to prove, prescriptive easements usually donít actually happen except in cases where thereís an old surveyorís error and a road spills onto somebody elseís property.

Baldr:
Let's say I work on a personal project that ends up making money.  Is my employer legally entitled to that money if I have not signed a contract that states anything produced outside of work belongs to them?  You can assume that I wouldn't be dumb enough to use employer resources on the project, work on it while at the place of employment, or take paid leave (like a sabbatical) to work on the project.

I'm asking because I've spent an hour or two trying to Google this and I've seen every possible answer pop up.  This is the most useful resource I've come across for my situation, but it seems to indicate that the matter hasn't been settled in case law.

Navigation

[0] Message Index

[#] Next page

Go to full version