0
Want this question answered?
Be notified when an answer is posted
Add your answer:
Earn +20 pts
How can a utility or landscape easement be amended to include a common subdivision wall?
It can only be amended by mutual, written agreement executed by the owner of the land and the owner of the easement. The amendment must be recorded in the land records.
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.
Is the property owner responsible to maintain the utility easement?
You need to review the document that created the easement to determine that type of responsibility. All the terms should be included in that document.
Who pays taxes on an easement?
On the property the easement is on/over? That depends on the terms of the easement given and agreed to. The most common forms of easements, utility and right of way easements the property owner pays the property taxes.
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.
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.
If a property owner granted a utility company an easement after decades of licensed use does recording of the easement eliminate any prescriptive claims?
There would be no prescriptive claims in any case: licensed use is not hostile and a recorded easement presumes fair consideration.
Can an easement be removed if the person who owns it doesn't know it exists and it wasn't needed in the first place?
NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.
Is a tree considered a structure on a property easement?
A tree is not considered a structure on a property easement. However, the actual owner of the land can chose to remove the tree if he or she sees fit.
What does full enjoyment of the easement mean?
Full enjoyment of the easement means that the owner of the easement is able to exercise all the benefits of the easement that are described in the document that created the easement. For instance, if an owner of an easement has the right of access to his property over a 12 foot ROW then the owner of the land encumbered by the ROW cannot park cars within the bounds of the ROW so as to impede its use by the owner of the easement.
Can a land owner install a wooden deck that crosses a perpetual easement?
You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.
Can you use your own land inside not blocking an easement?
Yes. As long as you do not impede the easement rights of the owner of the easement.
