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for commercial development and restricting his use of the property. “But it gives no affirmative rights to the public. It is still the private property of the landowner, to be used as farmland or whatever, and he can restrict access to whomever he pleases.”
The terms of an easement are unlimited, Bolger said. “They can be tailor - made. You could prevent all future construction or you could include a provision allowing your children to build their houses on it. It’s as original as you. care to make it.”
Although easements specifically forbid commercial development, they are usually written to allow for work shops and sales shops of art or handicrafts, Bolger said.
THE REASONS for wanting to give easements vary, Bolger noted. Some people want to preserve open space; some worry about what their children will do with their property; some see it as a “blocking” action. Once an easement is granted it can’t be condemned by another state agency, he said.
He was asked if an easement granted to the state
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