Legal Definitions - incidental use

Incidental use refers to a minor, secondary, or subordinate use of property, a right, or a resource that is naturally connected to and dependent upon a primary, main use. It is not the principal purpose but rather a small, related activity that arises from or supports the primary function.

Here are some examples to illustrate incidental use:

• Example 1: Zoning Regulations for a Residential Property

  Imagine a homeowner who lives in a neighborhood zoned strictly for residential purposes. The primary use of their property is as a private residence. If this homeowner occasionally uses a spare room to tutor a few students after school, or maintains a small garden stand to sell excess produce to neighbors, these activities would likely be considered an incidental use. The main purpose of the property remains residential, and the tutoring or selling of produce is a minor, secondary activity that does not change the fundamental character of the property's use.

• Example 2: Copyright and Fair Use in Media

  Consider a documentary film crew shooting a scene on a busy city street. In the background, a billboard featuring a copyrighted advertisement or a snippet of a copyrighted song playing from a passing car might inadvertently appear in the footage. If the billboard or song is not the focus of the scene, is not intentionally highlighted, and is only briefly visible or audible as part of the ambient environment, its appearance could be deemed an incidental use. The primary purpose of the film is to capture the street scene, and the copyrighted material's inclusion is a minor, unintentional byproduct, not a deliberate appropriation.

• Example 3: Easement for Access

  A property owner has an easement allowing them to cross a neighbor's land to access their own backyard, primarily for personal use like gardening or reaching a shed. If, on a rare occasion, they allow a small landscaping truck to use the same easement to deliver soil for their garden, this could be considered an incidental use of the easement. The primary purpose of the easement remains personal access, and the occasional delivery is a secondary activity directly related to and supporting that primary use, without expanding the scope of the easement significantly.