Can I Charge My Town for the Temporary Use of My Property?

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My town wants to use an easement on my property for traffic due to repairs of a bridge that they will close for about 1 year. Can this be leased with a fee to the town? What other options are there?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

This sounds like a temporary use, which would not necessarily have to be in the form of an easement. You could simply grant the town permission, in exchange for whatever fee you agree upon.

I would strongly recommend having the permission be in writing, prepared or reviewed by your attorney, to ensure that the terms are exactly as you expect and that there is no unpleasant surprise–for
example, what happens if the funding for the bridge construction falls through?

However, as long as the permission is in writing, you should be protected against any claims that the city (or the public) has created a prescriptive easement.



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Author: House Attorney