Can a landowner notify a person that certain items like chemicals can’t be transported via an easement.

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a landowner notify a person that certain items like chemicals can’t be transported via an easement.

I am an USDA organic certified farmer, who has an easement to my land granted by the former owner grandmother before I obtained the land. Is there anyway that I can prevent this person from transporting prohibited chemicals through my property that could jeopardize my crop if it should spill or if they overspray accident or winddrift. Is there any laws in SC for easements if they jeopardize your livelihood and certification? This person only does it for planting corn for deer to eat for hunting purposes, which is all he uses the land for.

Asked on May 5, 2017 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, so long as what this person does is legal generally (e.g. he is not breaking any laws in what he is carrying), he may transport it across the easement so long as the terms of the easement do not themselves prohibit it. A general easement for ingress/egress/transit allows any otherwise lawful transportation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption