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Can a non-exclusive perpetual easement be used as a utility easement?
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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 purchase an easement in the rear of your home?
Not likely, the easement is there because of something that the utility company has in place there. It also provides the ability to run utility lines from one place to another including your neighbors' homes. If the easement isn't being used by the utility company they may release it for a fee. In the case of very old easement rights in Massachusetts there are liaisons at the utility companies who can research an old easment for you and they will release it if it is not needed, no longer used or if it was never used. There is a fee of at least several hundred dollars.
What is the definition of presumptive easement Can a utility company claim presumptive easement when they never asked for an easement from the property owner?
Presumptive easement occurs when the access or easement has been used for so many years it has become an established easement. The owners permission is not necessary if they allowed it to go for years without complaint.
What does it mean to give someone nonexclusive rights?
Non-exclusive means that other persons may have or be may be given that same right or easement.
An easement was granted to the power co and now the power station and lines were removed can you build a horse race track with barns on this land that contains the easement?
No. You need to obtain a release of the easement from the utility company before you build anything on the portion that was affected by the power station and lines. The company can always reinstall new equipment within the easement area and demand that you remove any structures you have installed in violation of their easement rights. Try contacting their right of way or easement department to determine if and how you may obtain a release of their rights in your property. In Massachusetts the utility companies charges for researching and releasing an easement that is no longer used can run from $500-$1500. Some companies will not release an easement that is not being used.
What is a nonexclusive easement.?
If you have a non-exclusive easement appurtenant to your property it means that you can't stop others from using it. If you're considering the purchase of property with a non-exclusive driveway easement you should determine who is responsible for repairs, upkeep and maintenance costs, and who else has the right to use it.
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 access to an easement have to be provided if so isn't that another easement?
Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.
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 quit claim deed add an easement?
Yes, in most jurisdictions a quitclaim deed can be used to grant an easement.
Do you have to record Driveway easement that is being used on another's property?
Yes. You should record it before the document is lost and with it your easement rights.
Can one erect a fence on an easement with an existing rights of way of the hoa?
Read your governing documents to determine your rights to erect a fence.
