Full question:
This would be a land/environmental dispute amongst several neighbors surrounding a beaver pond. Two of residence do not want the pond there, while several other like and would like to keep the pond. Those two people that do not want the pond gone have hired a beaver trapping but, he has been trapping on someone land that wants the beavers and the pond to stay. What can we do as landowners?
- Category: Real Property
- Subcategory: Neighbor Relations
- Date:
- State: New Hampshire
Answer:
The answer will depend on who owns the land and the riparian rights that each owner has. The landowner will be the person(s) who have the right to decide on a legitimate use of the land and whether a pond stays or not. It may be possible for the landowner to grant an easement for others to access the property for purposes of trapping. If the land is shared by joint owners, it may be a matter for the court to determine, based on all the facts and circumstances involved, if the owners are unable to agree. The major disadvantage is apparent when conflict occurs. You may want to address how to resolve the basic issues that may arise from the ownership
of your property, such as how to use the property and when to sell, before you enter the agreement. If co-owners disagree and cannot resolve their conflict, they may have to resolve the issue in court. This may result in a partition action where the court may split the property in a fair and just manner.
There are basically two types of easements- easements in gross and appurtenant easements. Easements in gross are personal rights given to individuals or specific groups. Once the easement owner dies or, in the case of corporations, dissolves, the easement terminates. Appurtenant easements are more permanent and are given to both the property and its owner. If the property owner with an easement sells the property, the new buyer gains the easement rights that belong with the property. To be a legal appurtenant easement, the properties involved must be adjacent to each other and must be owned by separate entities.
When the title is transferred, the easement appurtenant typically remains with the property. This type of easement runs with the land; which means that if the property is bought or sold, it is bought or sold with the easement in place. The easement essentially becomes part of the legal description.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
