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Generally, the property owner must grant an easement.
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∙ 14y ago
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Who can file an easement?
The owner of real property may grant an easement. A government body can take an easement by eminent domain.
Can a quit claim deed add an easement?
Yes, in most jurisdictions a quitclaim deed can be used to grant an easement.
Can an ingress egress easement be revoked?
Generally no unless that right was reserved in the original grant of easement. Otherwise the grantor must seek a court order and provide a compelling argument as to why the grant should be revoked.Generally no unless that right was reserved in the original grant of easement. Otherwise the grantor must seek a court order and provide a compelling argument as to why the grant should be revoked.Generally no unless that right was reserved in the original grant of easement. Otherwise the grantor must seek a court order and provide a compelling argument as to why the grant should be revoked.Generally no unless that right was reserved in the original grant of easement. Otherwise the grantor must seek a court order and provide a compelling argument as to why the grant should be revoked.
How does an easement and a perpetual easement differ?
They are both used to describe the same thing. An easement is perpetual unless it says otherwise in the original grant.They are both used to describe the same thing. An easement is perpetual unless it says otherwise in the original grant.They are both used to describe the same thing. An easement is perpetual unless it says otherwise in the original grant.They are both used to describe the same thing. An easement is perpetual unless it says otherwise in the original grant.
Can you charge for maintance on a road easement?
If someone has requested that you provide them with an easement over your property you can negotiate a fair price. However, if the easement existed when you purchased the property you cannot charge for its use now.
How many feet of easement is allow from a county road?
There are no universal rules about the width of easements. You need to find the original grant of easement to determine the width. You should call the attorney who represented you when you purchases the property. There should be a copy of the easement with the title examination.
How do you get an easement on landlocked property in TN without lawyers?
You can negotiate the purchase of a right of way easement from an abutting owner who has street access. You should perform a full title examination on the abutting land to make certain they are the legal owner of the land so they can grant the easement.You can negotiate the purchase of a right of way easement from an abutting owner who has street access. You should perform a full title examination on the abutting land to make certain they are the legal owner of the land so they can grant the easement.You can negotiate the purchase of a right of way easement from an abutting owner who has street access. You should perform a full title examination on the abutting land to make certain they are the legal owner of the land so they can grant the easement.You can negotiate the purchase of a right of way easement from an abutting owner who has street access. You should perform a full title examination on the abutting land to make certain they are the legal owner of the land so they can grant the easement.
What is exclusive easement?
A non- exclusive easement refers to the right to use the land, but the easement is not granted to only you. Other parties may have the right to use the easement also.
What is a sanitary sewer easement?
A sanitary sewer is an underground system that carries waste water and sewerage (bathroom, kitchen, laundry) away to a treatment plant. A sanitary sewer easement is a grant from a land owner to the city or town for the purpose of constructing a sanitary sewer system on privately owned land. Also granted is the right to maintain and repair the system and control all connections to it. The easement must be acquired prior to construction. Generally, if the homeowner refuses to grant the easement the city or town can take the easement right by eminent domain. Once acquired it runs with the land.
Can holder of right of way for ingress and egress give another land owner with landlocked property permission to use the same row?
Not unless the first easement owner was granted the right to assign it to other landowners in the original grant of easement. If not, the other land owner must obtain a separate easement from the owner of the land over which the easement passes.
Does the town own your property if you give them an easement?
When you grant an easement in your property you are granting the other party the right to use a portion of your property for some specific purpose. You still own the property. The other party owns a right in your property. You should review the document that created the easement for details.
What if row is granted to a gas station and that property is sold to another does that right of way go with the property if it is not spelled out in the new deed?
You need to check the instrument that created the easement. When an easement goes along with the property as a appurtenant right in subsequent conveyances it is said to "run with the land". In checking the original grant one would look for the words "to heirs and assigns" in the grant of easement. That would make the easement right transferable to future owners of the property. You should consult with an attorney who specializes in real estate law who can review your situation, the deed that created the easement and explain your rights and options under your state laws.
