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Can a landlocked neighbor obtain an easement through my property even though it does not exist on the parcel map mine was purchased prior to his?
Wiki User
∙ 14y ago
First of all, I assume when you say "it does not exist on the parcel map" you mean "an easement does not exist on the parcel map." In most states, your neighbor could sue you for an "easement of necessity" across your property. Generally an easement of necessity requires that your properties have a common grantor (i.e. they were both owned by the same person at one time and subdivided by that person). A real estate attorney in your area will know your state's laws and can give you guidance with your specific situation.
Wiki User
∙ 14y ago
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Who is liable for your neighbors cesspool when it's on your property?
First. Your neighbor needs an easement to locate their cesspool on your property. They are liable for the cesspool.First. Your neighbor needs an easement to locate their cesspool on your property. They are liable for the cesspool.First. Your neighbor needs an easement to locate their cesspool on your property. They are liable for the cesspool.First. Your neighbor needs an easement to locate their cesspool on your property. They are liable for the cesspool.
Are you liable for neighbors water lines on your property?
It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.
If your neighbor has a parking easement over your property do they have the right to use the specified easement area for any other purpose?
no
You just found out that your neighbors sewer line goes across your property Now they are building a new home on the property and want an easement for the sewer line.should you grant the easement?
You should consult with your own attorney. You could try calling the attorney who represented you when you purchased your property. They should have the title exam on file and can check to see what easement rights the neighbor may already have in your property.
Does a neighbor have to remove a carport addition that is on my property?
If your neighbor has no easement rights in your property that would allow him to build a carport then he must remove it if you can establish that the structure encroaches on your property.
What to do if your neighbor denies you access to power from their easement?
First, your right to use their easement must be recited in your deed. Next, you should contact the attorney who represented you when you purchased the property and explain the problem with your neighbor. Ask her/him to check the title report that was performed when you purchased the land to make certain you have a right of access to your neighbor's property. They could send letter on your behalf explaining your rights. If it's not possible to contact the lawyer who represented you at the time of purchase, or, if you had no legal representation, you need to consult with an attorney who specializes in real estate law. Take a copy of your deed with you. The attorney will need to check the title for your property to verify that the easement is appurtenant to your land and that your neighbor's land is subject to the easement. The attorney can send a letter to the neighbor explaining your right to connect with the utility. Sometimes a letter resolves the problem. If not, the attorney will explain your options.
What if neighbor uses another access than assign easement?
They have no right to change the location of the access easement without written permission from the property owner.
Your neighbor is trying to claim easement through all the exisiting roads on your property in tne 18 years that he has owned his property he has never used them he has a r-o-w on the main road does he?
There are many reasons your neighbor might have an easement over one or more roads on your property. Once that easement has vested (he owns it), he has no particular obligation to exercise it, but must protect it from being revoked by others. However, in many cases the neighbor is completely mistaken that he has any property right in the easement at all, having once used the roads with the owner's permission, and that license was simply terminated. Question whether the neighbor would have any proof of ownership of the easement, if you were to file a lawsuit to quiet title.
Does an easement devalue your property?
It depends on the easement and the type of property. As a rule, easements lower the value of the realty because granting an easement cedes one or more of the "bundle of rights" of absolute unencumbered ownership (fee simple title). As such, an easement reduces the rights of the property owner and therefore devalues the property. In some cases easements can enhance the property by providing access to an otherwise landlocked parcel or utility services to potentially residential property; in such a case an easement can enhance property value by providing access or allowing a higher level of development and a correspondingly higher value.
What are subsequent property rights?
Subsequent property rights would refer to property rights that arise after you take title to the property. An example would be your obtaining an easement from your neighbor after you purchase your property.
If my neighbor's deed states that they have an easement on my property but my deed doesn't state any such easement is the easement legal and binding?
The only way to determine if the easement is a burden to your property is to have an attorney examine the titles to both premises to confirm the origin of the easement. If the easement is not mentioned in your deed that doesn't mean it doesn't exist. That is the reason to have the title to property examined by a professional prior to purchase. A comprehensive title examination would disclose any outstanding encumbrances including easements. You should call the attorney who represented you at the time of your purchase and ask that the title examination be reviewed for evidence of the easement. You should send a copy of your neighbor's deed for reference.
Easement was given 20 years ago on a property we just purchased can i build a wall on the other side of the easement line?
Your question requires a lot more detail. Generally, you cannot build a wall that would restrict access to the area of the property subject to the easement. An easement allows people other than the owners of property to use the property for a specific purpose (commonly easements are granted to give neighboring property owners access to a road). If you recently purchased the property subject to the easement you are not allowed to build a wall which would restrict the easement owner's access to the property.If you are asking if you can construct a wall on the other side of an easement upon property you do not own, the answer is no. You have the right of egress and possibly to maintain it, but does not give you the right to construct a wall on the ajoining property outside of the easement which you do not own.See discussion page.
