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  • Essay / A normative analysis of servitude rights - 833

    Easement is the right to use another's land without acquiring possession of it. Granting this right allows properties to be accessible and land to be better used. Commercial easement is an essential part of many businesses. Without easements, businesses may not have the right of way to connect efficiently, excess land may not be put to best use, and many redundant transactions or contracts will be necessary to achieve business goals. However, the easement is complicated and could lead to conflicts in the future, even if it is written down in detail. Since no one can predict the future, the owner or holder might not have the same goal of using the land after the easement agreement. The case below describes the dispute over the easement right that the owner took to court because the owner needs it for other purposes. The case is MF Farming, Co. v. Couch Distributing Company, Cal: Court of Appeals, 6th Dist. 2012. Plaintiff MF Farming, Co (MF) granted defendant Couch Distributing Company (Couch Distributing) the “non-exclusive right of way for ingress and egress and for all purposes” over a 60 foot strip of land wide referred to as Parcel B with the sale of adjacent Parcel A and Parcel C property to Couch Distributing. (See Appendix A) Couch Distributing constructed Parcel A as a distribution center and uses Parcel B as a private road to serve the business, including employee parking, switching, and truck entry and exit . At one point, Couch Distributing even built a railroad through Parcel B to serve its warehouse. This also led the complainant to believe that this had increased a minor encroachment. George Couch, president and CEO of Couch Distributing, said that at the time of purchasing the property, Parcel B was included... middle of paper ......d to use the parcel for a different use. And as our community grows and dense land becomes the trend in many cities, easements have led to problems that prevent development from getting started. In conclusion, I believe we need to make the following two adjustments to the easement. First, when an easement is created, the intent of the easement must be clearly stated so that both parties understand what to expect in the future and fraud can be avoided. Additionally, when the owner of the property needs to use it for the common good, the easement contract should be better resolved. When terminating the easement is absolutely necessary for development, it should be considered how beneficial it is for the community to weigh in the decision, as is terminating with eminent domain. Works Cited MF Farming, Co. v. Couch Distributing Company, Cal: Court of Appeal, 6th Appellate District. 2012.