November 2005


Easements - Must We Agree to an Easement Demand?

An easement is a right-of-way you grant to someone to cross your land whenever they need to. Governments can force easements through the use of eminent domain law. Private groups have no such power.

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

A reader writes: “About 10% of people in town decided they had faulty septic systems..So now all of us have to pay out all this money to have sewers installed…They just sent me a letter from some group of lawyers telling me I had to sign a Right of Way easement agreement by Nov. 7th or I would have to pay extra to connect to the main sewer line, they said I would need a grinder pump on my property..They had a diagram of where the easement would be and it is all solid rock in that area and they would never be able to dig there…On the other side of property they would be able to dig…Now if I signed this thing and they found out it was a mistake where they had the easement what happens…A lot of us are older people living on social security and can not afford these extra costs…I think there are certain people in town who will gain financially by putting in this sewer system…What recourse do I have….We dont even want this system..Our septics are in perfect condition…”

You don’t say whether it is the town who is demanding the easement, or a homeowners’ or neighborhood association, or some other private group. If it is the town, unfortunately, that old saying “you can’t fight City Hall” evolved for a reason. While in reality you can (more…)

Absolutely Free Porn Site Probably Legal

Summary

The owner of an absolutely free porn site headquartered in Britain, using a server in the United States, wonders if it is legal.

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“I own an adult web site at http://[elided].com. It is held on an American server and managed from the UK. The laws on pornographic material are very vague and I just want to know what I can show and can’t. The site is more a contact database and also contains a wealth of useful information regarding sexual health, orientation and activities. It also has information on parties, clubs and sex holidays. Oh it’s 100% free too so is not an adult pay porn site. Is it legal?”

As you note, the law regarding these matters is vague, and your situation is complicated by the fact that you are really operating cross-ocean, in two different countries.

Here in the United States (more…)