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Yes. However, the easement would need to be perfected by a court order.
Yes. However, the easement would need to be perfected by a court order.
Yes. However, the easement would need to be perfected by a court order.
Yes. However, the easement would need to be perfected by a court order.
Wiki User
∙ 10y ago
Wiki User
∙ 10y agoYes. However, the easement would need to be perfected by a court order.
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How long do you have to use a property to create an easement by prescription?
30 years
What is the time of use for easement by prescription in Florida?
20 years in FL
What is the statutory period for claiming a prescriptive easement in Massachusetts?
MGL Chapter 187: Section 2. Easements by prescription "No person shall acquire by adverse use or enjoyment a right or privilege of way or other easement from, in, upon or over the land of another, unless such use or enjoyment is continued uninterruptedly for twenty years."
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.
Easement by prescription?
A prescriptive easement is an easement created from an open, adverse, and continuous use over a statutory period. If you have ever heard of adverse posession, it is essentially the same thing except that it creates an easement as opposed to someone acquiring the title to land. In some states (such as MA) the law also requires that the continuous use be "exclusive", meaning that only the person claiming the easement by prescription has been using it during the statutory period, not just everyone who comes along. Also, a prescriptive easement may be defeated if the landowner occasionally blocks the access to everyone. That way, anyone who incorrectly believes he or she has a right to go across the land will discover it is not true.
How can you prevent the creation of an easement by prescription?
The rights of an easement holder vary substantially among jurisdictions...However - in general -If the true property owner will assert his ownership rights and prevent the use that is being made by the holder(s) of the easement...the easement will not become binding and will have no force. The amount of time lapsed since the use had begun is the key, and that time varies, according to jurisdiction.
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 a business use a nonexclusive easement to get to their property?
The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.
Where in Massachusetts can I buy cough medicine with codeine and no prescription?
Nowhere, codeine is a prescription only medication in all states.
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 access to an easement have to be provided if so isn't that another easement?
Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.
An easement was granted to the power co and now the power station and lines were removed can you build a horse race track with barns on this land that contains the easement?
No. You need to obtain a release of the easement from the utility company before you build anything on the portion that was affected by the power station and lines. The company can always reinstall new equipment within the easement area and demand that you remove any structures you have installed in violation of their easement rights. Try contacting their right of way or easement department to determine if and how you may obtain a release of their rights in your property. In Massachusetts the utility companies charges for researching and releasing an easement that is no longer used can run from $500-$1500. Some companies will not release an easement that is not being used.
