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How wide is an easement?
There is no set width for an easement. An easement is defined by an agreement between the two property owners. Some easements have standard sizes such as roads or utility easements.
Can a neighbor build a concrete block and wood fence across a 20 ft wide utility easement?
It depends on the nature of the easement. You need to get a copy of the easement from your county records office, and see what rights it gives the neighbor to build on the easement. Odds are, if it's a utility easement, it belongs to the utility company alone. See a real estate attorney for detailed information on your state's laws.
On a legally established 50 foot wide easement can anything be placed inside that 50 foot width which would restrict usage of the entire easement?
Generally, the easement will be considered to be the dominant estate--simply put, the holder of the easement interest can prevent usage of the surface in any manner inconsistent with the puroses for which the easement was granted. That is a question of fact. As frustrating as it may be for the servient owner (the holder of the fee interest), that right is granted to the easement holder upon acquisition.
Can a business use a nonexclusive easement to get to their property?
The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.
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.
What is legal right of property owner when a contractor is building waterline across edge of property to neighbor beyond the easement boundary?
That all depends on the provisions set forth in the easement. However, it is quite common for a developer to reserve easements rights that benefit other land of the developer. For example, if a developer reserved a ten foot wide water line easement easement across your lot then it can install a water line within the easement area to service other lots beyond.
Can an easement be blocked?
If an easement is a legal easement as described in a legally filed deed then no an easement can not be blocked. The only way an easement can be released is again through a release by all parties on a recorded deed.
Is scenic easement same as landscape maintenance easement?
No. A scenic easement prevents another from obstructing the view.A landscape maintenance easement is less exact. It could be an easement to encroach on another's property in order to perform maintenance.No. A scenic easement prevents another from obstructing the view.A landscape maintenance easement is less exact. It could be an easement to encroach on another's property in order to perform maintenance.No. A scenic easement prevents another from obstructing the view.A landscape maintenance easement is less exact. It could be an easement to encroach on another's property in order to perform maintenance.No. A scenic easement prevents another from obstructing the view.A landscape maintenance easement is less exact. It could be an easement to encroach on another's property in order to perform maintenance.
How do you value an easement?
The customary way of appraising an easement to is valuate the land as if unencumbered by the easement and the land as encumbered; the difference between the two values is the value of the easement.
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 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.
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.
