Ethics is knowing the difference between what you have a right to do and what is right to do.

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Legal Definitions - reasonable use

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Definition of reasonable use

Reasonable Use

"Reasonable use" is a legal principle that dictates how an individual or entity may utilize their property or a shared resource without causing undue harm or infringing upon the rights of others. It involves a balancing act, where the permissibility of a particular action is judged based on factors such as the nature of the use, its impact on others, the necessity of the use, and the overall benefit or detriment it creates. The goal is to prevent one party from exercising their rights in a way that unfairly or excessively interferes with another's legitimate interests.

  • Example 1: Water Rights for Agriculture

    Imagine a rancher whose property borders a natural stream. The rancher diverts a portion of the stream's water to provide drinking water for their livestock and to irrigate a small pasture. This action is generally considered a reasonable use of the water. However, if the rancher were to build a large dam that completely stops the stream's flow, preventing all downstream neighbors from accessing water for their own needs, this would likely be deemed an unreasonable use. The law seeks to balance the rancher's right to use the water with the rights of others who also depend on the stream.

  • Example 2: Noise from Residential Property

    A homeowner decides to host a birthday party in their backyard on a Saturday afternoon, playing music and having guests. This is typically a reasonable use of their private property. However, if the music is played at an extremely high volume until 3 AM every night, causing significant disturbance to their neighbors' sleep and peace, it would likely cease to be considered "reasonable use." In such a case, the homeowner's enjoyment of their property would be unreasonably infringing on their neighbors' right to quiet enjoyment of their own homes.

  • Example 3: Shared Parking Facilities

    In an apartment complex, residents share a common parking lot. Each resident is entitled to park their vehicle in a designated space. This is a reasonable use of the shared facility. However, if one resident consistently parks two large vehicles across three spaces, or uses a parking spot to store an inoperable car for months, preventing other residents from finding adequate parking, this would be considered an unreasonable use. The individual's actions would be unfairly monopolizing a shared resource and infringing upon the parking rights of other tenants.

Simple Definition

Reasonable use is a legal standard that determines whether a person's exercise of a right, such such as using their property or water, is permissible when it affects others. It requires balancing the interests of all parties involved, considering factors like the necessity and extent of the use, to ensure it does not unduly interfere with another's enjoyment of their own rights.

Success in law school is 10% intelligence and 90% persistence.

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