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Typically that happens when it’s needed, and then (unless someone tries to stop it), it becomes a defacto easement after awhile.

A lot of land in the US is newly settled (by European standards) especially anything other west, so those kinds of things haven’t risen to the level of official standards. The basic ‘if it’s your property, you can do what you want, including people off of it’ is still mostly true, though it is getting more and more ‘supplemented’ by others rights over time (cough zoning, HOAs, etc)



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