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Do you have to record Driveway easement that is being used on another's property?
Wiki User
∙ 13y ago
Yes. You should record it before the document is lost and with it your easement rights.
Wiki User
∙ 13y ago
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What if the plot plan attached to my master deed dosen't show an easement in the driveway does it exist?
Yes, it certainly could. An easement doesn't need to be mentioned on a deed in order to be valid. It may only be mentioned once in the document that created it. The title to the property must be examined to determine if there is any record of the easement. You could ask the attorney who represented you at your closing when you purchased the property.
Can dominant estate having a right of way easement shift the easement to entirely separate another property from the easement?
No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.
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.
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.
Can you prevent strangers from coming up your driveway next to your garage and leaving notes on car?
record it then send it to the police. they are trespassing on your property.
what does easement mean in insurance terms?
An easement is essentially the right granted to another person or entity to enter upon or to use all or a part of a parcel of real estate. For example, a utility may have an easement upon the land on which your house sits for power lines, water, lines, etc. In the context of insurance, easements come into play with regard to title insurance. Title insurance insures one's right, title and interest to real estate--in essence, it assures that the record owner of the property is, in fact, the owner. If someone else stakes a claim to the property, the title insurer will defend your right to the property. A title insurance policy gets issued subject to easements of record. Stated otherwise, the easement is an exception to the full ownership of the property by the policyholder and will be recognized as such by the insurer.
Is it legal in the state of California for a police officer to hide in the driveway of a private residence in order to catch people for speeding?
If a police officer records someone speeding, it doesn't matter what the nature of the property they take the reading from is. If they record you speeding while they're in a driveway, they can act on it. As for using a private residence, it's something which requires the consent of the property owner - they can't just occupy someone's driveway to set up a speed trap while ignoring the rights of the property owner, and it's often a discouraged practice, although California tends to have their own way of doing things.
A third party with other access has a right of way over a driveway shared by two other owners of other properties. How can you cancel the right of way owned by the third party?
If the owner of the third property was granted the right to use the driveway you need to get a proper release in writing from the owner of that property and record it in the land records. If the third party will not release their rights then your only other option is to bring suit and hope the court accepts your argument as to why their rights should be terminated.You should have the issue reviewed by an attorney who specializes in real estate who can review the property titles and explain your rights and options.If the owner of the third property was granted the right to use the driveway you need to get a proper release in writing from the owner of that property and record it in the land records. If the third party will not release their rights then your only other option is to bring suit and hope the court accepts your argument as to why their rights should be terminated.You should have the issue reviewed by an attorney who specializes in real estate who can review the property titles and explain your rights and options.If the owner of the third property was granted the right to use the driveway you need to get a proper release in writing from the owner of that property and record it in the land records. If the third party will not release their rights then your only other option is to bring suit and hope the court accepts your argument as to why their rights should be terminated.You should have the issue reviewed by an attorney who specializes in real estate who can review the property titles and explain your rights and options.If the owner of the third property was granted the right to use the driveway you need to get a proper release in writing from the owner of that property and record it in the land records. If the third party will not release their rights then your only other option is to bring suit and hope the court accepts your argument as to why their rights should be terminated.You should have the issue reviewed by an attorney who specializes in real estate who can review the property titles and explain your rights and options.
Who is responsible party from time of quit deed to recording of deed?
The owner of record is responsible for the property until the deed is recorded.The owner of record is responsible for the property until the deed is recorded.The owner of record is responsible for the property until the deed is recorded.The owner of record is responsible for the property until the deed is recorded.
How do they tell what property belongs to who during bankruptcy?
Its on record, Its on record,
How much do you need to owe the state of california before they place a lien on your property?
The state can record a lien against your property for any amount you owe.The state can record a lien against your property for any amount you owe.The state can record a lien against your property for any amount you owe.The state can record a lien against your property for any amount you owe.
What if a fraudulent document was used for easement to a utility by a neighbor?
A fraudulent document that purports to grant rights in real property is null and void. If you know it is fraudulent and can prove it, and if it's recorded in the land records, you could record an affidavit of notice that the document is fraudulent. You should request that your affidavit be cross referenced to the fraudulent document by the land records office. If the situation created a serious problem you should consult with an attorney about obtaining a court order that would officially extinguish the easement.
