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

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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 6 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.


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