Can an abutter park on my property if they have a right of way easement? I have a private road that goes around the perimeter of my property and is on my property. The abutters that use the road do so via a "right of way" easement. Sometimes people, especially contractors, are parking on the roadway. Do they have the right to park there or does a "right of way" easement only allow them to pass through and keep moving?
I would like to give you a clear definitive answer, but there isn't one. This depends entirely on the scope of the easement which is determined on a case by case basis in light of the facts and circumstances. It is frequently ambiguous. These cases come up frequently and usually either get resolved fairly quickly via mediation or negotiation, or escalate into very ugly lawsuits that can last years. I have a case like this that has been pending eleven years, is on a final appeal to the state supreme court, has involved about $800,000+ of legal fees between all parties involved, has been to the court of appeals following about six times so far, and has led to five evidentiary hearings in addition to depositions, motion practice, etc. Obviously, this is an extreme example, but long, costly litigation if a negotiated resolution isn't reached is pretty common.
Your numbers are off The states don't seize a mile next to every road, as farms don't suffer from traffic noise. They also don't seize land when they just rebuild a road, but that is still part of the 400k acres of road. In fact, most &quot;new roads&quot; are rebuilding old ones, and a huge part of the rest is through undeveloped land that is owned by the state or farmers - and thus cheap and doesn't need a mile-wide strip of noise protection. Eminent domain cases are RARE 2018 saw 87 cases of eminent domain in colorado - most of them for buildings no longer deemed habitable and condemned to be torn down, then re-developed. The federal government lists 1001 real property cases filed by the US in the same year's report, not indicating what kind of development or redevelopment would happen there, or if it is Eminent Domain or some other type of real property case. Under Eminent Domain, the seized land can be used for any public use. And in strange cases, it happens even to what used to be a private road and shopping complex in front of Walt Disney World - to build an interchange.
Can a restrictive covenant deny a land owner the right to use a road on their own property? Yes. A restrictive covenant could impose such a limitation, although usually a court would disfavor that interpretation of a covenant unless no other reasonable interpretation is possible from the language of the covenant. This is basically because it would be lawful (at common law anyway) to convey the land in its entirety to the covenant beneficiary, so it is lawful to convey a lesser interest to that person. It isn't inherently unconscionable unless it makes the property subject to the covenant landlocked with no access to a public road, in which case some mandatory doctrines regarding a right of access would probably apply. Often this would be done to create a private drive across the &quot;front lot&quot; (which has direct access to a public road by other means) when the &quot;back lot&quot; of a parcel was conveyed by the owner of the combined lot to the new owner of the back lot. A covenant might be chosen instead of an outright conveyance of the dogleg of road because it retains mineral rights in the servient estate owner, because it clearly allocates property tax payment duties to the underlying owner as part of a larger economic deal, and/or because it could make a transaction possible that would otherwise be prohibited by subdivision requirements applicable in that locality. The restriction might also reduce the servient estate owner's liability for accidents arising from use of the covenant access easement, since it would ordinarily vest all maintenance and use regulation in the dominant estate owner. Some other common easements that deny the servient estate owner all use of land for a period of time are easements to allow staging of road construction activities, and easements incident to mineral rights in states where destruction of the surface is allowed if it is later restored when the minerals are extracted (such as Wyoming).
Sec. 14-3 of the city ordinances says that No person may engage in the business of collecting recyclable materials, solid waste or green waste within the city, or haul recyclable materials, solid waste or green waste through a street or public right-of-way in the city, unless that person has been granted a franchise or license to do so by the city. However, a property owner may occasionally transport recyclable materials, solid waste or green waste produced on his or her own premises to a licensed disposal area, subject to the requirements of Section 14-7 pertaining to solid waste transportation So that means you can't contract with someone else to haul your trash. You can do it yourself if you can follow the various regulations pertaining to transportation of waste.
If it doesn’t cause substantial interference to the easement rights You need to look at the specific terms of the easement i.e. what right it gives to your neighbour. If you can build your chicken coop in such a way that it doesn’t materially affect those rights, then that’s ok However, for this type of easement, any ground level structure is likely to interfere with the use of the easement.
Gated communities are generally part of homeowner's associations that have covenants, rules and regulations regarding how you can use your property. In all likelihood, blocking sidewalk, and perhaps even parking in your driveway, is prohibited by these HOA limitations. HOA's have the right to ticket and fine you for violating its rules. The fines, if not paid, can be converted to liens and used to foreclose upon your property. You can also be banned from using HOA common areas if you do not refrain from violating HOA rules and/or don't pay your fines. This is perfectly legal. If you live in gated community, you are required to follow their rules. Even if you didn't live in an HOA, blocking a sidewalk is usually a violation of municipal ordinances and is tortious activity that can be the basis for a lawsuit against you.
It depends on how you got the right to participate in the event. Let us assume that you "sign up" for the event, and agree to certain conditions in exchange for being allowed to participate. In that case, there could be a condition prohibiting you from tracking the route, or publicizing the track: you have to read what the agreement says. Agreement might be necessary if the track is on private property (you need permission, otherwise you're trespassing). If this is a run on city streets, you can (possibly) follow along on the public sidewalk, and as a non-participant, you aren't bound by any agreement so you can upload whatever you like. You might also be a non-participant follower in the street, which might not be allowed by the city, but that is between the police and you and not the organizer. Running down the middle of the street is not generally legal, but the police might not care enough to ticket you.
Purchasing a lot that contained the keys does not provide any rights to access the locks that those keys would open. What someone who did this would be charged with would vary by both location and also by prosecutorial discretion. The only exception in this scenario would be if the storage locker contained the deed to the property in question.