Quote:
Originally Posted by fdpaq0580
Actually, it is a simple question.
Do you own the grass and irrigation parts and pieces?
Possible answeres: "I do", or, "someone other than me".
Alternative question. If you purchase a new golfcart and park it at the end of your driveway in the easement, who now owns it, maintains it, and may use it as they desire? You, or the general public?
I'm guessing you own it and only emergency services personnel would legally allowed to move it.
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Not the best analogy in the world, "Grass" is attached to the surface. Irrigation is buried beneath the service. Presumably, your vehicle is atop the surface, as is the "bucket" I used in my analogy.
& it is not a "simple question", because the answer could vary, due to different language used in various deeds through the years.
Under Common Law, I don't think you would "own" the grass, but I think you would "own" the physical pieces of the irrigation system. That's not really Land Use Law & if you're going to veer away from Land Use Law, I don't know enough about.
For purposes of the use of the easement, ownership of the grass or irrigation isn't relevant. The only relevant part is, who gets to walk on it and the answer is always the same. The Grantor [TV or the County] gets to decide and in the case of a road layout, they've already decided.