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What is the current Kentucky road easement law for land locked property?
The current Kentucky road easement allows an owner of a landlocked parcel to cross over another's land in order to access a public road.
The rights of landowners regarding enclosed land?
If you are referring to so-called "land-locked" property - I believe that all states give the owners of land-locked property the right of easement over neighboring property owners property in order to reach the NEAREST public roadway. It may not be the road you WANT to connect to, only the NEAREST road. You can check with your local county offices on this.
What are the land lock laws in Tennessee?
What are the land lock laws in Tennessee? How can I obtain access to my land that has been in my family for over 100 years? The property begins off the Rockwood golf course. Would they be responsible to giving me an access road?
Can you sell a property with a prescriptive easement?
Answer: A "prescriptive easement" would run with the land and could not be conveyed separately.
Is there a usufruct over easement?
Usufruct is the legal right to use property that belongs to another person or entity. In many legal usufruct systems of property individuals or groups may only acquire the usufruct of the property, not legal land ownership.You need to review the language in the instrument that created the easement to determine if the affected land can be used for other purposes. If you are the person to whom the easement was granted your use of the land encumbered by the easement is generally restricted to the use defined in the easement. If you granted the easement to another party the easement agreement may prohibit certain uses of the land encumbered by the easement.
Is a tree considered a structure on a property easement?
A tree is not considered a structure on a property easement. However, the actual owner of the land can chose to remove the tree if he or she sees fit.
Can dominant estate having a right of way easement shift the easement to entirely separate another property from the easement?
No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.
What is the law governing giving yourself an easement in Washington?
In Washington, an individual cannot unilaterally create an easement for themselves on their own property. Easements must be created through a written agreement or by a court order. It is advisable to consult with a real estate attorney to understand the legal process and requirements for creating an easement in Washington.
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.
Do easements on land transfer during bankruptcy?
If the easements affected the land prior to the granting of the mortgages the property remains subject to or with the benefit of those easements. If an easement was granted aftera mortgage and the lender consented then the property will pass subject to the easement.
What is exclusive easement?
A non- exclusive easement refers to the right to use the land, but the easement is not granted to only you. Other parties may have the right to use the easement also.
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.
