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How does one know if a property easement is road only or a utility easement or both?
Wiki User
∙ 13y ago
You need to approach the owner of the road and negotiate for additional easement rights. You should also discuss the situation with an attorney to determine if the laws in your state confer any other rights when you have right to use a private road.
Wiki User
∙ 15y ago
Wiki User
∙ 13y agoYou must review the language in the instrument that created the easement to see what rights were granted and also research your state laws to see if grant of a ROW includes utility rights as well by operation of law.
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How can you buy back a utility easement or part of it?
A utility easement is a feature of the property you own, not a loss of property. A utilty easement is a section of your property that needs to be left accessible to the utility (electric company, phone company, etc.) for service, repairs, upgrades etc. You can use the space such as erect a fence but you need to know that if the utility needs to access your easement space they have the right to move or destruct what you have erected.
Is a utility company allowed to run a support cable from a person's front lawn to the top of the pole for support if the owner of the property objects and there is no easments on the deed?
If you check your deed, you will probably learn that there is a utility easement that you didn't know about. In that case, yes.
When we bought the property we were unaware that the utility went under the neighbors house they cut through the line and we have no power there is no easement and the power company doesn't know who?
If there was no easement you would have to bear the expense of having a new line installed. Comment: It sounds like the title company and/or the appraisal company missed the boat on this. Check with an attorney.
May children play on an easement without violating the terms of the easement?
It really depends on the nature of the easement. And the nature of the easement depends on the terms of the easement. Appart from state law which generally defines an easement, the terms of the individual easement usually limit the usage of the easement property...or rather subject the holder of the rest of the property and what is left after the use of the easement to what can and cannot be done on/with/to the land/sky/land beneath the easement. (It is convenient to see an easement as an area with clear boundries, most of the time; however, easements are really rights to use the area a certain way in opposition to the holder of all the other rights to do with it as he pleases.) You really have to know the terms of the easement.
If applying for an easement over your land by precription and has sold property whilst dispute is on does that make claim nul and void?
If you are the one who has filed a claim for a prescriptive easement over another person's property you should have recorded a notice of your claim in the land records. That notice is called a lis pendens. If someone has filed a claim to acquire a prescriptive easement over your property you must let a buyer know of the claim if you know about it. You should seek the advice of an attorney.
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.
If you are the land owner of easement can you plant shrubs on easement?
in most cases the answer is yes. you may landscape the area, but that area is subject to be torn up by a utility comany or holder of the easement for a legal purpose such a as pipe repair or utility maintenance, and you cannot sue. But the company is responsible for restoring that area to a natural condition, which may not necessarily be what you have planted. if you know there is an easement, read the document. it should be in your title policy when you purchased the house, or call and speak with your title company However, the answer would depend upon what type of easement you mean; some types cannot be blocked by anything, including shrubbery. For example, a shared driveway (with one person owning the property and the other owning an easement for passing over the property) would not be a good place for shrubs.
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.
How does one find what right of ways exist for a piece of property?
Check with your Register of Deeds for deeded easement or ROW of record. You can also ask the abutters (owners of adjacent lots) and utility companies if they know of any non-recorded rights. Another answer: In Massachusetts, you would need to have a comprehensive title examination performed by a professional title examiner.
How to prevent a prescriptive easement on my driveway which abuts neighbors easement?
Prescriptive easements are similar to the concept of adverse possession. A prescriptive easement can only be created if the other party is using your property without your consent, that use is continuous, and it is "open and notorious" and adverse to your claim of perfect title for the statutory period, which varies from state to state but is usually at least a few years. Then the other party would have to sue to quiet the title to the easement in their favor. So, all that mumbo-jumbo aside, just don't let a neighbor use your property. Let them know if they are using your property and you are unhappy with it. If you are civil, most folks are willing to be amicable. If the use continues, consult an attorney about your best course of action.
Our neighbor has encroached on our property and we would like to know how to price an easement to them?
you would need to get an appraisal on the piece or portion of land the subdivision has encroached upon any licensed appraisor can help you with this situation.
The easement runs through the front house of the owner can the owner move the easement to another location or what would be the legal solution?
First you would need to discuss the needs of the owner of the easement and determine it they are willing to relocate the easement. If they are not willing the matter would need to be resolved in a court proceeding. If the relocation of the easement would cause excessive inconvenience the court may not rule in your favor and the error may be costly. Did you know of the location of the easement before building? You need to consult an attorney.
