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Can a landowner install a gate across a non exclusive easement?
Wiki User
∙ 11y ago
Generally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.
Generally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.
Generally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.
Generally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.
Kayleigh Padberg
Wiki User
∙ 15y agoIn these circumstances, the landowner wishing to install the gate would need the written permission of the other parties who have a legal right to use the easement. The gate would also have to meet all applicable codes and regulations.
Wiki User
∙ 11y agoIf it is a legally recorded "easement" over someone else's property in order to gain access to your own property - they MAY erect a gate providing they furnish you with a key or access code to continue to allow you to use it. If your so-called 'easement' is simply an easier/shorter/simpler way (a 'short cut') that you have been using, even though there are other ways to get to your property, then yes, he can erect a gate or fence to prevent your trespassing over his property.
Wiki User
∙ 11y agoGenerally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.
Generally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.
Generally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.
Generally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.
Wiki User
∙ 11y agoGenerally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.
Wiki User
∙ 11y agoyes
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Easement by prescription?
A prescriptive easement is an easement created from an open, adverse, and continuous use over a statutory period. If you have ever heard of adverse posession, it is essentially the same thing except that it creates an easement as opposed to someone acquiring the title to land. In some states (such as MA) the law also requires that the continuous use be "exclusive", meaning that only the person claiming the easement by prescription has been using it during the statutory period, not just everyone who comes along. Also, a prescriptive easement may be defeated if the landowner occasionally blocks the access to everyone. That way, anyone who incorrectly believes he or she has a right to go across the land will discover it is not true.
What is legal right of property owner when a contractor is building waterline across edge of property to neighbor beyond the easement boundary?
That all depends on the provisions set forth in the easement. However, it is quite common for a developer to reserve easements rights that benefit other land of the developer. For example, if a developer reserved a ten foot wide water line easement easement across your lot then it can install a water line within the easement area to service other lots beyond.
I have an equestrian easement across the bottom of my property also an easement to maintain landscape on the easement. What are they allowed to do and what are my rights.?
Those provisions should be set forth in the instrument(s) that created the easements. You should contact the attorney or title insurance company that represented you at the time of your purchase and request a copy of the original easement.
Can a neighbor build a concrete block and wood fence across a 20 ft wide utility easement?
It depends on the nature of the easement. You need to get a copy of the easement from your county records office, and see what rights it gives the neighbor to build on the easement. Odds are, if it's a utility easement, it belongs to the utility company alone. See a real estate attorney for detailed information on your state's laws.
If you are the owner of the easement who has right to use it?
It depends on the language of the easement itself, most importantly what the easement if for. An easement is a right granted by the land owner (fee owner) to go over, across, and/or under the land for a specific purpose. (e.g., utility lines, access roads) In the case of utility lines, only the party granted the easement (grantee) has the right to use it. In the case of an access road (e.g, a driveway across adjoining land), the easement can typically be used by the owner of the land served by the roadway as well as those who have business or are visiting that land. The underlying fee land owner is typically free to continue using the land in any manner that doesn't impinge on the rights granted by the easement.
Does the dominant tenement of their neighbors property have the right to change the property?
Side yard easements Well our Easement says that the Servient has the right of drainage over, across and upon the easement area for water drainage from any dwelling or structure upon the appurtenances thereto and the portions of any dwelling structure upon the Servient Tenement as originally constructed. Also our Easement says that the Dominant Tenement shall not place or install any permanent improvement(s) or landscaping other than the softscape landscaping in the easement area nor attach any object to a wall or dwelling belonging to the Servient Tenement or disturb the grading of the easement area or otherwise act with respect to the easement area in any manner which would damage the Servient Tenement.
What kind of real estate ownership is an easement?
An easement is a right of one owner of land to make beneficial and lawful use of the land of another owner. Most easements are created by a deed or written agreement and some are created by operation of law. Most easements run with the land and pass to subsequent owners. Some are extinguished by the death of the owner or when that owner transfers the property to a new owner. An easement is a right in another person's property. It is not a fee interest. An easement is an appurtenance to the land it benefits. How long it lasts sometimes depends on the language that created it. If you have a right of way over Harry's land to reach your own and it's your only means of access then it will last forever as a benefit to your land. However, you can't sell that right to another neighboring landowner. Further, all you can do with the right of way is use it for access, you can't fence it in or park your cars on it or install a gate across the entrance unless those additional rights were granted in the original deed of easement.
If a utility owns an easement across the middle of your property do you have to allow them access across your private property?
Yes, because that is exactly what an easement is. The right to go onto another person's land usually for a specific and limited purpose. However, you may refuse to let the utility people go anywhere else on your property except on the exact portion of land that is covered by the easement. Such easements are usually restricted to that portion of the land so as to enable the utility to read the meter or repair damaged equipment. The terms of the deed of easement will specify where the utility can go.
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.
Definition of Ingress and Egress easements?
Does the landowner that has a ingress to a property have the right to build aa road across my land if the land is passable without a road.
What is an easement of property?
An easement is a right to do something on the land (real estate) of someone else, such as using a driveway across someone's property to get to a garage on an adjacent parcel. Other commonly used easements include utility lines (above or underground) for service to other properties. Easements may be granted (in writing) or prescribed by law and may be short or long-term. Blocking a permitted use of an easement is a trespass.
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?
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.
