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How long do you have to use a property to create an easement by prescription?
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∙ 11y ago
30 years
Wiki User
∙ 11y ago
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What is a private nonexclusive easement?
An "easement" is a legal right to use the property owned by another person (i.e. the person who granted the easement). An easement is usually created by a recorded document, whether a deed or an easement agreement. The purpose of the easement (for example, a driveway or a walking path) is whatever permitted use is stated in the easement document. The fact that the easement is "perpetual" means that the easement has no term and will continue indefinitely. An easement that is "non-exclusive" simply is an easement that someone else may also use. This might mean the person who granted the easement or whoever else may be identified in the easement document. The easement document should state who else may use the easement. A perpetual easement usually "runs with the land", meaning that the easement continues in effect regardless of whether the property benefited by the easement is sold or if the property burdened by the easement is sold.
Can you use your own land inside not blocking an easement?
Yes. As long as you do not impede the easement rights of the owner of the easement.
What are Time Warner's rights in regards to easements?
They probably have an express easement over your property with respect to the cable lines. Easements are granted for a specific purpose, and are limited by the purpose for which they are conveyed. Time Warner can use that easement in gross to work on the cable lines, but that's it. They can do anything they want with respect to working on/repairing the cable lines as long as that use of their easement does not interfere with the quiet enjoyment of your property.
In CT Can someone claim Adverse possession if they claim that they have been using your driveway to get to their land even if its not them using but someone else only in the summertime?
They would definitely not have an adverse possession claim because that requires exclusive and hostile possession of the land in question. However, they may have an easement by prescription (if they have been using the driveway to access their property for a long time) and/or easement of necessity ( if they have no other access to their property).If you find that the neighbors' use of your land is a problem, you should consult with a real estate attorney in your area immediately.
What is an easement of property?
An easement is a right to do something on the land (real estate) of someone else, such as using a driveway across someone's property to get to a garage on an adjacent parcel. Other commonly used easements include utility lines (above or underground) for service to other properties. Easements may be granted (in writing) or prescribed by law and may be short or long-term. Blocking a permitted use of an easement is a trespass.
Should a utility easement be noted on your deed?
Yes ==Clarification== An easement SHOULD be recited in the deed. However, if it is not the validity of the easement is not affected. Deeds often do not recite easements. While they are recited in title insurance policies lawyers are usually either reluctant or too lazy to modify the wording of a deed to reflect easements that have not been previously noted. That reality is a main reason for the need to always have a title examination performed by a professional. An easement not recited in a deed can cause costly problems for the unsuspecting property owner who builds a new home in the middle of an easement or who rips up a water main during construction of a new inground pool. The failure to recite the easement in subsequent deeds has no effect on the validity of the easement. It rules as long as there is evidence of the easement in the chain of title.
Does an existing utility easement allow a utility to run another line to get power to another property?
Yes it does. The easement allows them access to run anything they wish along it as long as they return the property back to the condition it was prior to construction. The laws can differ from state to state but it is their responsibility to provide services to all the customers in their district or coverage area. This area is normally between the property pin and the road edge or inside of the "Right of Way" for the Department of Transportation. This area can run between properties and also be rear easement. If you have any questions concerning this, you can check with the utility company in question and ask them to provide you with this information.
What kind of real estate ownership is an easement?
An easement is a right of one owner of land to make beneficial and lawful use of the land of another owner. Most easements are created by a deed or written agreement and some are created by operation of law. Most easements run with the land and pass to subsequent owners. Some are extinguished by the death of the owner or when that owner transfers the property to a new owner. An easement is a right in another person's property. It is not a fee interest. An easement is an appurtenance to the land it benefits. How long it lasts sometimes depends on the language that created it. If you have a right of way over Harry's land to reach your own and it's your only means of access then it will last forever as a benefit to your land. However, you can't sell that right to another neighboring landowner. Further, all you can do with the right of way is use it for access, you can't fence it in or park your cars on it or install a gate across the entrance unless those additional rights were granted in the original deed of easement.
What is the definition of an ingress-egress easement?
An ingress/egress easement consists of the right to enter and depart along a right of way over the property of another. Normally you don't have the right unless the right was granted by the property owner. Easements are granted to access something, or to install or remove something. Utility companies will ask for these so they can intall, maintain, replace and perhaps remove, their equipment that serves your or your and other peoples' property. If you think about it, the postal service has this kind of easement to deliver the mail. It is provided by law. Then there are "prescriptive" easements where someone has used your property in a certain way for so long they may not be able to stop you from continuing to use it for the specific purpose. However, you can not usually expand the area or purpose!
How long is a prescription for Percocet good for?
There are dates on the prescription paper and on the prescription container that will tell a person how long their prescription can be used. This varies from weeks to a year.
If a land owner gives an easement to you and then the ownership changes hands does the easement still exist?
The easement lasts as long as the grantee owns the property in your case or until it is extinguished by a court judgment. You need to hire an attorney to petition the court to extinguish the easement. It sounds like you have enough factors in your favor to obtain a favorable judgment. Your request is reasonable and your neighbors are being unreasonable. The legal remedy probably won't cost as much as the improvements you offered to your neighbor. Your neighbors may not want to spend the money necessary to defend a weak position. Do not block the easement as suggested. That would place you in the unfavorable position as a defendant. By proceeding correctly, the facts are in your favor as a plaintiff so do it right.
Our house was built 2.5 years ago and our neighbor's house was done 2 years ago About 1 year ago our neighbors had a survey done and found out their driveway goes through our property What do we do?
There is a range of possibilities, depending on how long you plan to stay and whether or not you want to be friendly with your neighbors: * You can sell them the land under the driveway, which could also allow them to tear out the driveway and put in something worse, * sell them an easement to use that part of your property to cross your land, which also means it can be used as a driveway forever, * license this particular owner to use the driveway (or the driveway easement) either annually, or until they sell the house or remove the driveway, * ask them to move their driveway, or * sue them for trespass and force them to move the driveway. Whatever you do, put it into writing and have a local real estate attorney review it for you. If you completely ignore the problem, it will not go away, and the longer you wait, the more rights the neighbors may have (laches, estoppel, easement by prescription, adverse possession).
