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Does the grantee of the easement have the right to maintain that easement?
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Can a person holding a nonexclusive easement assign or sell the easement to another entity?
That depends on the details none of which have been included here. It depends on how the easement was worded. The easement may expire when the original grantee no longer owns the benefitted land. If it was granted to the grantee and their assigns, the easement rights will pass with the land if he sells the land to a new owner. Generally, the grantee of an easement right cannot sell or assign the rights to a third party, for example, a neighboring landowner. The deeds need to be examined for a definitive answer.That depends on the details none of which have been included here. It depends on how the easement was worded. The easement may expire when the original grantee no longer owns the benefitted land. If it was granted to the grantee and their assigns, the easement rights will pass with the land if he sells the land to a new owner. Generally, the grantee of an easement right cannot sell or assign the rights to a third party, for example, a neighboring landowner. The deeds need to be examined for a definitive answer.That depends on the details none of which have been included here. It depends on how the easement was worded. The easement may expire when the original grantee no longer owns the benefitted land. If it was granted to the grantee and their assigns, the easement rights will pass with the land if he sells the land to a new owner. Generally, the grantee of an easement right cannot sell or assign the rights to a third party, for example, a neighboring landowner. The deeds need to be examined for a definitive answer.That depends on the details none of which have been included here. It depends on how the easement was worded. The easement may expire when the original grantee no longer owns the benefitted land. If it was granted to the grantee and their assigns, the easement rights will pass with the land if he sells the land to a new owner. Generally, the grantee of an easement right cannot sell or assign the rights to a third party, for example, a neighboring landowner. The deeds need to be examined for a definitive answer.
Does an express grant of a right-of-way easement give a municipality grantee the right to install public utilities under the road?
A grant of a statutory easement to a municipality may well include the right to put in a road with utilities, unless it specifically says otherwise, but your attorney should be able to school you on the local implications.
Can right of way be handed over without the land owners knowledge?
Yes, IF the right-of-way is recognized by an easement and IF that easement is assignable.ClarificationA right of way generally runs with the land it is intended to benefit. The original grant is generally made to the grantee, their heirs and assigns. When ownership of that benefitted land is transferred the right of way goes along with it as an appurtenant right. On the other hand, the owner of the easement right cannot separate the easement from the benefitted land and transfer only the easement right to someone else who owns other land that adjoins the easement.A right of way is conveyed forward to subsequent owners of the benefitted land. The landowner who granted the original easement is not notified of each subsequent transfer.
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.
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.
Can someone with an easement deed that easement to someone else?
Generally, an easement "runs with the land" unless the original grant specifies it will end when the grantee no longer owns the property.If A granted a right of way easement over their land to B then the ROW will become an appurtenant right attached to B's land. When B sells to a new owner, the new owner also will acquire the ROW. However, B cannot sell or transfer the ROW to any other land owner, for example, her neighbor, C.
Are you liable for neighbors water lines on your property?
It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.
What is a servitude of passage?
It is an easement over the land of another that confers a right of passage: a right of way.It is an easement over the land of another that confers a right of passage: a right of way.It is an easement over the land of another that confers a right of passage: a right of way.It is an easement over the land of another that confers a right of passage: a right of way.
Can a lifetime right be removed by grantor?
No. It can only be released by the grantee in writing or by the grantee's death.
What is a sanitary sewer easement?
A sanitary sewer is an underground system that carries waste water and sewerage (bathroom, kitchen, laundry) away to a treatment plant. A sanitary sewer easement is a grant from a land owner to the city or town for the purpose of constructing a sanitary sewer system on privately owned land. Also granted is the right to maintain and repair the system and control all connections to it. The easement must be acquired prior to construction. Generally, if the homeowner refuses to grant the easement the city or town can take the easement right by eminent domain. Once acquired it runs with the land.
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.
What is a nonexclusive easement.?
If you have a non-exclusive easement appurtenant to your property it means that you can't stop others from using it. If you're considering the purchase of property with a non-exclusive driveway easement you should determine who is responsible for repairs, upkeep and maintenance costs, and who else has the right to use it.
