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One of the basic tenets of private property ownership is the right to exclude others. However, this right in and of itself does not guarantee people won’t bother you on your off-the-grid homestead. First, nearby neighbors or other people may be bothersome regardless of your legal rights. Second, the right to exclude has become eroded as the government has given itself and private entities (like utilities) easements or rights-of-way over private property. With this in mind, here are five tips to remember when looking for the perfect off-the-grid location.
1. Neighbors
Obviously, not having any neighbors nearby is ideal if you want to be left alone. If you can afford enough acreage or live far enough away from population centers, this may be possible. Otherwise, other people likely will be living nearby. So, then it becomes a question of what type of people live nearby. Are they hardworking homesteaders that respect your privacy? Or do they like to entertain and have loud parties every weekend? When first looking at a possible location, invest some time in determining what the neighbors are like. This may not be easy and you should take anything the current owner says with a grain of salt.
2. Private Party Easements
Easements give people the right to use someone else’s private property for a specific purpose. In rural settings, often the only way to access an isolated parcel is by driving through someone else’s property. For example, you may own 40 acres off of a public road, but there is a neighbor that owns another 40-acre parcel directly behind you.
The dirt road that serves as your driveway extends beyond your home and continues to the parcel behind. That neighbor may have negotiated an easement to use your driveway to access his property. Typically, easements are set up legally so that they exist even after a piece of property is sold. When reviewing a title insurance report, easements such as these will be listed under exceptions.