Easement Consent: Fill & Download for Free

I'm not aware of what “encirclement” is; I don’t think that’s a technical or specific word that I’ve seen either in libertarian writings or in real estate law. So, I’m going to presume that you mean “encirclement” to mean that someone buys or acquires all the real property around your property.Similar to the process of enclosure, but that you’re asking what happens if you are now prevented from accessing your property?Nothing. This happens now. So what?libertarian property rights systemThis… really wouldn't be so different from the classical bundle-of-sticks model of property rights we think about now.Essentially, pick a thing: land, goods, etc. You don't “own” the thing itself. You have rights against other people concerning the thing. Probably the most important property right is the power to exclude another person from the thing.I own my body; don’t touch me. I own my car; you can’t drive it. I own my house; don’t let the door knock you on your hindquarters on your way out.But, we can starting getting weird with it. Sure, I have the right to exclude your from my land. But suppose I grant you a right to walk on my property (slightly impairing my own rights). We would of course commonly say that I still “own the property.” Or suppose, I own the a car. But, in exchange for a monthly payment of money, I allow you to hold on to it and drive it whenever you want. And the auto-leasing industry was born…So, you own a parcel of land. And you've been able to access it via an adjacent property by a dirt road.Maybe you've just done it for a long while. Maybe the seller explicitly said you could. Maybe you actually purchased the right to access through that road, instead of some other path that the property came with. Maybe in your community, in the absence of an express intention, all real estate sales which would leave a parcel inaccessible presume a right to access it.This right to the limited use of another’s property is called an “easement”.Someone buys up all the property around your property?The property they are buying was already impaired. They acquired the property with that easement attached to it. And they can't destroy your easement without, at least, your consent. Maybe it's even a public easement that cannot be destroyed at all.Anyway. So long as you have a right to access your property, someone can never fully “encircle” your property. They may buy the land, sure. They may huff and puff, “But I own the land.”Sure. Mostly. But not 100% ownership. It was impossible to buy all the rights to the land. Because you have a tiny little piece of ownership: your easement.So, if someone were to obstruct your easement--put some logs on that dirt road--you would be privileged to remove them. Or sue to have them removed. And you'd win.

In the US, at least, we don’t have a right to privacy in a space viewable from a public right of way.The US airspace is a public right of way administered by the FAA. Any US company or individual launching a satellite that can photograph earth has to permit through NOAA.Google can photograph your backyard, a real estate photographer can include your backyard in a shot of a neighbor’s house they were hired to shoot, and a police helicopter can photograph goings on in your backyard without a search warrant. In the US you don’t have an expectation of privacy in parts of your property that are visible from public easements.Once upon a time, there was a common law legal concept of property ownership, “Cuius est solum, eius est usque ad coelum et ad inferos” roughly, whoever owns the land owns what’s in it all the way to heaven and all the way to hell.In the US this concept of property was struck down in US v Causby (1946). Causby owned a farm a half mile away from an airstrip that saw heavy use by US military planes during the war. Causby’s farm was under the landing pattern for the airstrip. When military planes flew over, his chickens stopped laying and some of them panicked and died. The majority opinion ended ad coelum in the US finding it had no place in the modern world. The Court did find that the US needed to compensate Causby for flights between 83 feet and 365 feet altitude because the noise caused his chickens to die, thus interrupting his ownership of the land. Flights didn’t occur below 83 feet, and the Court accepted government control of airspace above 365 feet as a public easement.So long as a satellite that google uses flies above 365 feet, it can overfly your property.The Supreme Court case that held police can photograph your house from a helicopter is Florida v Riley (1989). This finding held that police surveillance from a helicopter at 400’ doesn’t require a search warrant. The court treated helicopter surveillance the same as it does a police officer seeing illegal activity while driving by your house. The activity is happening in view from a public easement so there’s no need for a warrant.If police can conduct surveillance of your backyard from a helicopter, Google can certainly photograph it from space.Essentially, within the US, your backyard is the same as your front yard. It’s within view of a public easement and can be photographed.Now the use of that photography is subject to privacy laws. Google has been blurring faces on street view since 2008. The fact that they are allowed to photograph you walking down the sidewalk doesn’t give them license to use your image or likeness without your consent. They avoid this issue by blurring your face.

This is not something that would have a template or sample form. This type of matter requires a lawyer to draft a proper document to protect your interests.