Real Estate Law
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part of my question remains unanswered. "can i require owner 1 to collar his dog and carry a leash?"
the easement to owner 6 reads for ingress/egress. what I understand from your answer is that 6 can authorize 1 to use his easement to the extent 6 could use it. if there is authority to impose a limitation on 6 that 6 must collar any dog and carry a leash in order to walk the dog on the easement, would not that also be a limitation on 1's dog walking? is there any authority for me to impose such a limitation on 6 and would it then apply to 1?
yes I understand that if I could witness or better yet photo the dog off the road or 1 not actually setting foot on 6's property, then there's trespass. It seems to me though that easement law both precludes unreasonable interference by the servient tenant but also allows reasonable limitations, like for instance, the servient could impose a speed limit on vehicular traffic, so what I'm looking for is authority of the servient to impose reasonable limitations. Is there? thx
btw, what state do you practice in, are you licensed in?
ok so when no authority exists in one state, courts often look to the law of another. any U.S. authority for a right of the servient to impose limitations on the easement that do not unreasonably interfere with it?
know of any hungry lawyer who might want to take this in the medford OR area.
btw, I practiced IP and PI and GP in SD for 30 years. and I appreciate your help.
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