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Yes. As long as you do not impede the easement rights of the owner of the easement.
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What is the law governing giving yourself an easement in Washington?
In Washington, an individual cannot unilaterally create an easement for themselves on their own property. Easements must be created through a written agreement or by a court order. It is advisable to consult with a real estate attorney to understand the legal process and requirements for creating an easement in Washington.
What happens when you gave an easement to your neighbors whose driveway was on your land and they built another driveway and have been abusive obtrusive and threatening and now you NEED to revoke it?
You cannot revoke the easement on your own. If they have violated the terms of the easement then you could bring an action in court to have the easement extinguished. You need to consult with an attorney.
We own an easement and tHE OTHER PROPERTY OWNER BLOCKS THE EASEMENT IS THIS LEGAL WHAT ARE MY RIGHTS?
An easement is a property right, and unauthorized blocking of your easement is a trespass. You can have the blockage removed by court order, if necessary. Local law enforcement is often understandably reluctant to become involved in a civil dispute.For example, if your neighbor blocks your shared driveway with a vehicle on private property, and refuses to move it upon polite request, your next call is to a lawyer, not to the police. If it is blocking on the public street, then (in some places) the police will tag and tow the vehicle regardless of who owns the property or the vehicle.
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.
Is easement a word?
Yes. It means "Advantage, convenience; something serving as a convenience. It is also a legal term meaning "Acquired right or privilege of using something not one's own." (source: Oxford Illustrated Dictionary 1977)Answer/ClarificationYes, easement is a word. It's a very important word in the Law of Property. The commonly understood and basic definition is a right in land owned by another person for a specified purpose. Examples would be an access easement, easement for installation of utilities, aqueduct easement, flowage easement, sewer easement or parking easement. In addition to the common definition of easement there are many other types in law such as easement by prescription, affirmative easement, easement by implication, easement by necessity, etc.
If easement is a long drive through 3 neighbors lands who owns?
The land is actually owned by the neighbors. The person having the easement is allowed to use it even though they don't own it (and the owners are not allowed to block that access); that's what an easement is. If you mean "who has to maintain the driveway", that's the responsibility of the person who wants to use it.
When an abandoned easement be regarded as terminated?
Generally, a right of easement lasts until the owner of the land benefitted by the easement signs a release and that release is recorded in the land records. Generally, the lack of use does not constitute an abandonment. Easements do not generally terminate unless there is some termination language in the original grant. Some action must be taken to obtain a court order terminating the easement. The owner of the land must file a claim in the appropriate court requesting a court order to clear the land of the easement. The plaintiff must show compelling evidence that the easement has been abandoned, compelling enough for the court to extinguish the easement rights. That evidence would include a full title examination to show the history of the easement, evidence to show the owner of the easement was contacted and refused to release the easement and evidence the easement is no longer used and no longer needed. This is a difficult case to bring to court. It should be handled by an attorney who specializes in real estate law and who has experience in this type of litigation. You should consult with an attorney in your area who can review your situation, examine the titles to the properties and determine what your options are. If the owner of the easement is a utility company, some companies will release the easement for a fee that covers the company's research into its own records. The attorney may be able to contact the owner of the easement and negotiate a release without going to court. Requests from an attorney are more effective than a request from an individual.
What is Right of egress?
The right of "ingress and egress" is the right to enter and leave. With land it would be an easement, or right of way, over some other property in order to access your own.
Does the town own your property if you give them an easement?
When you grant an easement in your property you are granting the other party the right to use a portion of your property for some specific purpose. You still own the property. The other party owns a right in your property. You should review the document that created the easement for details.
Can you harvest cypress knees on your own land?
If you own the land AND the rights to the timber on that land (true in most cases), then you can harvest cypress knees UNLESS the knees in question are located in an area where there is an additional restriction on cutting vegetation. These restrictions may include watershed protection rules, a local tree ordinance, or a conservation easement.
Purchased land with driveway installed by original owner and the entrance is on his land. he installed driveway 30 years ago. do we have any legal right to land?
There may be "right of way" issues that need to be addressed. If the right of way has been maintained for a specific amount of time (determined by state law in YOUR state), you can demand that the right of way be continued. If there is no specific or other right of way and no access to the land, you might want to consider a lawsuit against the person who sold the land.What you have is perhaps an "easement" question. Even if the deed does not say you have a right to pass and repass upon his portion of the driveway, you have an "easement implied in law." In other words, the owner knew about the driveway across his land, sold you the land with the driveway, and thus burdened his own land by giving you a perpetual right to use the driveway across his land. For future reference, you should amend the deed to include the easement, or obtain another signed document that describes the easement and have it recorded in the registry. This will help prevent any future owner from attempting to deny you the use of the driveway and the easement upon the driveway.
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.
