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Can the owner of land over which there is an easement terminate the easement because of the easement owner's refusal to adequately maintain the easement?
Wiki User
∙ 14y ago
The requirement for maintenance should be recited in the instrument that created the easement. The owner of the servient land would need to bring an action in a court of equity and request relief. If successful, the court would issue an order that clears the title of the easement. However, you need to consult an attorney who specializes in real estate law and litigation. An abundance of work would be involved in that type of case.
Wiki User
∙ 14y ago
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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.
What is a Sentence with terminate?
The kids had to terminate the bet because their mom told them to
Would access to an easement end for nonuse?
Generally, no. The easement is a property right, not a personal right, so it exists regardless of who owns the property or how they use it. However, an easement CAN be lost if someone blocks it and no action is taken within the prescribed time, and this might happen if nobody notices the blockage because the easement is not being used.
Can a property easement be removed from a deed?
You can't have an easement removed from your land. You purchased the land subject to the easement because a prior owner granted another party some sort of rights in your land. The only way to remove the burden of an easement is to obtain a release in writing from the owner of the easement and then record the release in the land records. If the easement is used for access, it cannot be removed. Evidence of an easement can be removed from the deed description for land, however, removing the language from the deed will not affect the easement right. The easement will be disclosed during a title examination. In Massachusetts if the instrument that created the easement appears in the chain of title then it encumbers the property whether or not the easement is recited in subsequent deeds. That is a major reason to have a title examination performed by a professional. The title exam reveals encumbrances that are not recited on the deed and must cover a period of 50 years in. That period varies from state to state.
Is it illegal to terminate an emplyee because of extended illness?
No.
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.
Does the adjacent land owner have the right to control the easement that he deeded to us?
Easements are not the same thing as fee ownership. Therefore, not all "control" is relinquished when an easement is granted. The terms and words of the easement usually identify the permissible uses. Generally speaking, what is not permitted is prohibited. The typical easement is for ingress, egress and utilities. It may be limited to a term of years or a particular person but this is unusual. A significant number of lawsuits I handle for clients involve easements and disputes of what is permitted and what is not. Why? Because usually people don't really know how to write the easement or don't really understand what they give or get when an easement is involved. See a lawyer in your jurisdiction and take a copy of the easement for him or her to review. Should be a minimal charge to review your particular circumstances. -pml
Can an employer terminate after hiring because of lack of qualifictions?
Certainly.
Does the suicide of the buyer terminate the contract of sale?
no because he is an idiot
Why do feet smell of cheddar cheese?
because you don't wash adequately
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.
Does the property owner of ingress and egress easement have a right to put a gate up for security?
No because the easement is not owned by the holder. The easement holder does not have the right to put up a gate, they only have the right of ingress and egress through someone else's property.
