0
Many easements are not in the property deed. They may arise from other deeds (especially deeded easements), subdivision plats, or other recorded documents (court orders, etc), or could become easements by some legal process (such as adverse possession, or easement by prescription or by necessity).
A title search may turn up indicators of easements not in the property deed, but not necessarily all rights are recorded.
Wiki User
∙ 16y ago
Add your answer:
Earn +20 pts
Is fire easement a public utility easement?
No given easement goes beyond the specific right granted by the easement document. Specific usage(s) of a fire easement would be only those actions directly related to fire prevention and or suppression. Easements related to safety issues such a fire easement may be created by zoning and community ordinances and not appear in the conveyance documents but place specific requirements upon the owners of the lands and or building where the easement resides or even adjacent to the easement. Examples of regulatory easements are building setbacks, firewalls, and construction.
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.
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.
Can a document convey fee title to land even though it does not contain the word deed?
I am taking an online class for college in real estate, and the says, "the deed must contain words of conveyance. With these words the grantor: (1) clearly states that he is making a grant of real property to the grantee, and (2) identifies the quantity of the estate being granted. Usually the estate is fee simple, but it may also be a lesser estate (such as a life estate) or an easement."
If a utility easement is no longer in use how do you get a release from the utility company?
You need to contact the easement department of the utility company that owns the easement and ask for a release. The utility must research the easement in their records which is sometimes a very complicated process. They may require a fee for the research and release. That fee can run in the hundreds of dollars. On the other hand they may refuse to release it at all even if it is not in use. Once they have property rights some utility companies don't let them go.
How is an implied easement created?
An easement that is "implied" does not, in fact, legally exist - it is only IMPLIED. [Example: I own the farm field behind yours, and it is easier for me to reach it by driving my tractor over your property. We're both good friends and you have no problem with this arrangement, and I've been doing it for years. Therefore - even though there is no legally recorded easement over your property, there is an implied consent, because you have been allowing me to do it.]
Can a landowner install a gate across a non exclusive easement?
Generally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.Generally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.Generally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.Generally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.
What does -- dated even date herewith -- mean?
It means dated the same date as the document that you're reading. For example, a deed transaction sometimes includes two deeds executed on the same date. The first deed would be from Harry and Sally to William. The second deed would be from William to Sally. The second deed would state in the "being clause", being the same premises conveyed to me in deed of even date and recorded herewith.
Can you be on your wifes home owners insurance even though you are not on the deed or loan?
Yes, The insured can add a spouse to the policy as a co-insured. You don't have to be on the deed.
Is it illegal to do a deed transfer without a lawyer?
You can do a deed transfer without a lawyer but please be advised that once you have drafted the deed and recorded it you cannot take it back even if you made a serious error. Therefore, you should only do so if you are sure that you have drafted the new deed correctly.
Can a landlocked neighbor obtain an easement through my property even though it does not exist on the parcel map mine was purchased prior to his?
First of all, I assume when you say "it does not exist on the parcel map" you mean "an easement does not exist on the parcel map." In most states, your neighbor could sue you for an "easement of necessity" across your property. Generally an easement of necessity requires that your properties have a common grantor (i.e. they were both owned by the same person at one time and subdivided by that person). A real estate attorney in your area will know your state's laws and can give you guidance with your specific situation.
How did Booth implicate his fellow conspirators even before the deed was done?
IDK
