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Can a private road be used to access my property without an easement if it has been open 7 years no postings or gate?
Hillyroad
You need to consult with an attorney in your jurisdiction who specializes in real estate law ASAP. She/he can review your situation and determine what your rights are under your state laws.
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∙ 14y ago
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What is a county easement?
A county easement is a provision in the property deed that permits the county some form of access to some or all of the property without having to ask permission of the property owner.
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.
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.
May children play on an easement without violating the terms of the easement?
It really depends on the nature of the easement. And the nature of the easement depends on the terms of the easement. Appart from state law which generally defines an easement, the terms of the individual easement usually limit the usage of the easement property...or rather subject the holder of the rest of the property and what is left after the use of the easement to what can and cannot be done on/with/to the land/sky/land beneath the easement. (It is convenient to see an easement as an area with clear boundries, most of the time; however, easements are really rights to use the area a certain way in opposition to the holder of all the other rights to do with it as he pleases.) You really have to know the terms of the easement.
Can a telephone company attach lines to your property without your permission?
If the telephone company has a recorded easement against your property, they may install telephone lines to the extent allowed by the easement. You can find out whether there is such an easement against your property by looking in the title insurance policy you received when you bought your property. If you see a telephone easement listed, you can get a copy of it at your county courthouse. If you don't see any telephone easements in the policy, or have questions about the extent of such easements, call the title insurance company.
Private property cannot be taken away by the government without?
Private property cannot be taken by the government without what ?
Is is legal to drive a car without a licence on private property in pa?
A person can drive on private property in PA without a license. However, in PA driveways and parking lots are considered pubic property.
Answering This is about land right aways this lane is the only way into this property for at least 100 years now there is a question about legal access nothing at the court house showing anything but?
There could be 2 issues here. An easement of necessity and an easement by prescription. An easement is the right to use another's property for some specific and limited purpose without giving any possessry rights on the land covered by the easement. A common public policy in some, but not necessarilly all, states is that no land shall be made unusable because of lack of access. If a particular piece of property is surrounded by other lands so that the owner must commit a trespass to get to his/her own lands, the law implies an easement of necessity to permit that owner to cross another person's land. The easement will generally not be conferred by a court if there is some other access. The easement is not given just because that route is the easiest access there has to be a necessity for it. The second issue arises from the use of the access route for over 100 years. In some, but again, not all, states, if a property owner has been using an abutting property owner's property as an access route to his own property, whether necessary or not, there may be an easement by prescription. Such an easement could be imposed if the abutting owner knows the first owner is using the property as an access route without the abutting owner's permission and if the abutting owner does nothing to stop it, an easement by prescription could be imposed by a court. Generally there must be a certain period of time the route has to be used before there is such an easement. In New Jersey it is 20 years. Each state might have different requirements to prove an easement by prescription. Whether the situation in the questioner's situation creates either easement depends strictly on the facts and the law of that state.
Does a car that is not drivable require insurance in Oklahoma?
Is the car on Private property or parked in a public place? On your Private property, without valid Tags and Without a loan against it then no insurance required.
If a street has no sidewalks is a pedestrian allowed to walk on private property to avoid walking in the road?
It is never okay to walk on private property without permission. If the pedestrian walks on private property, the pedestrian is a trespasser.
Can a power utility run distribution lines over my property without an easement agreement?
Generally, no, unless the rights were taken by eminent domain. However, it may have acquired easement rights many years ago. If no easement rights are recited in your deed that does not mean there are no easement rights. Ancient easements are often dropped from property descriptions especially when the current configuration was derived from a much larger tract in the past. Ancient utility easements and takings would be revealed by a comprehensive title examination.
What happens if Habitat for Humanity builds a house on property where you are the executor of the estate?
As the executor of the estate, you would need to give permission for Habitat for Humanity to build on the property. You should ensure that the organization follows all legal protocols and any stipulations outlined in the estate plan. Additionally, you may need to consider any impact on the distribution of assets to beneficiaries.
