On Servitude, Involuntary and Otherwise

When it comes to agreements running with the land, and any other voluntary interest in one’s property that one can give away, they are all voluntary.

The section below details precisely who has the authority to say that easements are valid.

Keep in mind, an easement to you is servience/servitude for someone else. When an entity holds an easement in relation to your property, your interest stands in subordination to that other entity.

The below wording is chosen very carefully NOT to say “Conditions (security interests, etc) are purely voluntary on the part of the one with legal title to the property.” That, however, is the substance of the section.

“Chapter 39.

Conveyances.

Article 1.

Construction and Sufficiency.

§ 39-6.4. Creation of easements, restrictions, and conditions.
(a) The holder of legal or equitable title of an interest in real property may create, grant, reserve, or declare valid easements, restrictions, or conditions of record burdening or benefiting the same interest in real property.
(b) Subsection (a) of this section shall not affect the application of the doctrine of merger after the severance and subsequent reunification of title to all of the benefited or burdened real property or interests therein. (1997-333, s. 1.)”

The law that states that to build on real property or to make addition to current structure on real property requires a permit is in the nature of an easement for the county, because it purports to prohibit certain action. Permission to do say can be obtained by asking for it and paying money to alter one’ own property. This is a servitude for the landowner/homeowner.

It is only involuntary servitude that is prohibited by the Constitution.

Advertisements

What are your thoughts?

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s