If a utility company has asked me for an easement on my property should they pay me for it?
Yes, they should because it is your properity
Easements do not have to be recited in your deed to be effective. Often a prior owner conveyed rights to an abutter or utility company and only the property description is carried forward in subsequent deeds. A full title examination should disclose easements and other rights that are not recited in the deeds in the chain of title. In fact, that is a main purpose of a professional title examination of real property. Sometimes, a… Read More
You need to review the document that created the easement to determine that type of responsibility. All the terms should be included in that document. Read More
Should a utility company pay me rent if a utility pole is in my yard carrying cable and phone wires?
Technically, the utility pole exists in what is commonly known as a utility easement. No, they do not have to pay you rent. Read More
The power company has no easement on their power line that goes through your property Can you build a garage under the line?
Your title would need to be researched to determine if an easement was granted in years past. Utility easements are often not recited in deed descriptions. Failure to recite the easement does not mean the easement doesn't exist. Grants by property owners are not the only method by which utility companies acquire rights. In some cases, easement rights were taken by eminent domain. In some cases the utility was permitted to construct a ROW by… Read More
An easement is a right you have in land that is owned by someone else. You have the right to use and control some part of that land for a specific limited purpose. Generally, easements are granted for such purposes as access, installation of sewer lines, underground electric lines, gas and water lines, etc. The land burdened by the easement is the servient estate. The land benefitted by the easement is the dominant estate. The… Read More
Home has a 13' utility street easement Qwest has their line 22' onto my property for a service line not individual line Do I have any recourse if I want the line moved or can I charge rent?
Qwest needs an easement from you to install any utility equipment other than your private line on your private property. If Qwest has no easement then you do have recourse. You should arrange a consultation with a real estate attorney to explore your options. Read More
you need to read the deed description carefully to determine where the property lines are. A building line is generally not a property line. As for the utility easement area, your property may run up to the easement line or the easement may be on your property. If you do not understand the description in your deed you should contact the attorney who represented you at the time of purchase and ask her to review… Read More
I have an equestrian easement across the bottom of my property also an easement to maintain landscape on the easement. What are they allowed to do and what are my rights.?
Those provisions should be set forth in the instrument(s) that created the easements. You should contact the attorney or title insurance company that represented you at the time of your purchase and request a copy of the original easement. Read More
You should try calling the attorney who represented you at the time you purchased the property. There should have been a title examination performed at that time and it should have revealed any easements granted by a prior owner. If that doesn't work for you then you need to consult an attorney now and have the title to your property examined by a professional to determine if there was an easement granted by a past… Read More
What if a natural gas company built a road on your property prior to you buying the property can the land owner ask for a yearly fee for the use of the property?
You should contact the attorney who represented you when you purchased your property. There should be an instrument in the chain of title for the property that describes the rights that were granted to the gas company by a prior owner. When you purchased the property a title examination should have been performed and the attorney should be able to provide you with a copy of the instrument that created the easement. The most likely… Read More
When you grant an easement in your property you are granting the other party the right to use a portion of your property for some specific purpose. You still own the property. The other party owns a right in your property. You should review the document that created the easement for details. Read More
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… Read More
Answer What exactly does the language that refers to the easement say? It could be many things and it should be defined somewhere in the chain of title. A professional title examiner should be able to determine its origin and description. You should be able to obtain an answer by contacting the attorney or title company that represented you when you purchased the property. Read More
You just found out that your neighbors sewer line goes across your property Now they are building a new home on the property and want an easement for the sewer line.should you grant the easement?
You should consult with your own attorney. You could try calling the attorney who represented you when you purchased your property. They should have the title exam on file and can check to see what easement rights the neighbor may already have in your property. Read More
Yes. You should record it before the document is lost and with it your easement rights. Read More
You gave your son a driveway right away to your property does that cause there to be a lien on your property?
It should not if it is properly recorded as a property easement. Read More
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… Read More
First, a landowner's verbal permission to hunt their property can be withdrawn at any time, for any reason. You should get it in writing. Also, you should inquire about legal access to the property when you discuss permission with the landowner. If the owner has legal access via an easement and permits you to use their land then you can also use their easement for access. If the easement you refer to is owned by… Read More
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. Read More
It is an easement that is used in common with others. 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. Read More
There are no universal rules about the width of easements. You need to find the original grant of easement to determine the width. You should call the attorney who represented you when you purchases the property. There should be a copy of the easement with the title examination. Read More
If you purchased property that is subject to a temporary turn-around easement there should be a time limit also included in that reservation. Until the time has passed and the easement is extinguished you must allow anyone with a right to use the easement unimpeded access. You can't block access or use the land for any other purpose until the easement has expired. Read More
If my neighbor's deed states that they have an easement on my property but my deed doesn't state any such easement is the easement legal and binding?
The only way to determine if the easement is a burden to your property is to have an attorney examine the titles to both premises to confirm the origin of the easement. If the easement is not mentioned in your deed that doesn't mean it doesn't exist. That is the reason to have the title to property examined by a professional prior to purchase. A comprehensive title examination would disclose any outstanding encumbrances including easements… Read More
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. Read More
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… Read More
You need to check your deed for any easement rights that have been granted to the utility company. If there is a reference to any easement in your deed you need to go to the land records office and read that document to see what rights were granted. Many old easements did grant the utility companies the right to spray with chemicals and burn underbrush. If there is no easement referred to in your deed… Read More
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. Read More
What if row is granted to a gas station and that property is sold to another does that right of way go with the property if it is not spelled out in the new deed?
You need to check the instrument that created the easement. When an easement goes along with the property as a appurtenant right in subsequent conveyances it is said to "run with the land". In checking the original grant one would look for the words "to heirs and assigns" in the grant of easement. That would make the easement right transferable to future owners of the property. You should consult with an attorney who specializes in… Read More
I'm going to assume that FPL stands for Florida Power and Light. If that is correct - if you have a fence constructed across their easement on your property - they have a legal right to access your property to work on their system. Although they should probably have asked first, if the case was an EMERGENCY situation, yes, they can access the property to make emergency repairs to a public utility. Read More
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… Read More
"Encroachment" is not the same as "blocking" it. If there is a legal easement codified in the deeds, the width of the easement should probably be spelled out. If the legally described width of the easement is being narrowed or "choked" by the planting of the crops to the point of inconvenience - my suggestion would be discuss it with the farmer who planted them and advise him. Legally established easements grant 'passage of necessity'… Read More
There are two ways an easement can be extinguished. You must obtain a written release from the current owner(s) of the easement right and then record it in the land records. If that's not possible you can bring a lawsuit in a land court or court of equity and provide compelling evidence as to why the easement right should be extinguished. The easement can be extinguished by a court order. Read More
First, your right to use their easement must be recited in your deed. Next, you should contact the attorney who represented you when you purchased the property and explain the problem with your neighbor. Ask her/him to check the title report that was performed when you purchased the land to make certain you have a right of access to your neighbor's property. They could send letter on your behalf explaining your rights. If it's not… Read More
Somewhere in your governing documents, probably in pages filed with the local property tax authority, you should be able to find a legal description of the land, which will make this easement specification. Read More
You should check the language in the instrument that created the easement. Often there is language as to obligations and rights that is not carried forward in deeds. The title company or attorney who represented you should have a copy of the original easement. If the deed that created the easement is silent as to upkeep then no one is responsible and the responsibility may fall to the one who needs to use it for… Read More
If you can locate the owner of the easement, and that person is willing to release their rights to the easement, the process is fairly simple. The easement owner would need to sign a "release of easement" in the presence of a notary public, and the release would need to be recorded in the county where the property is located. Upon recording of the release, the easement would no longer affect your land. In most… Read More
if its not used for its intended use for a period of 20 years the easement could be deemed vacated. but to clear the issue one should seek from the easement beneficiary a recordable statement subordinating its right to the land. Read More
Who is responsible for taxes and insurance on a building and or equipment owned by a public utility but located on a homeowners property?
Technically, the insurable interest, which is the taxable one, i.e. the building is the property by a Public Utility. So it should be them the responsible Read More
What must the government provide to a property owner if it needs to take his property for government use?
If the government needs private property for its own use, they should give fair market value to the owner of the property. The property owner can also give the government an easement agreement to the property and still retain ownership. Read More
You can negotiate the purchase of a right of way easement from an abutting owner who has street access. You should perform a full title examination on the abutting land to make certain they are the legal owner of the land so they can grant the easement. You can negotiate the purchase of a right of way easement from an abutting owner who has street access. You should perform a full title examination on the… Read More
Generally, a right of easement lasts until the owner of the land benefitted by the easement signs a release and that release is recorded in the land records. Generally, the lack of use does not constitute an abandonment. Easements do not generally terminate unless there is some termination language in the original grant. Some action must be taken to obtain a court order terminating the easement. The owner of the land must file a claim… Read More
If the terms of an easement are to be changed, the changes should be in writing, signed by the landowner and the easement holder, notarized and then recorded in the land records. The amendment should be referenced to the original easement agreement. Read More
Answer: Yes. The main function of a deed is to pass title to land. An exception would be a "deed of easement" which only conveys an easement right in land. However, if you want the world to know the land belongs to you the deed should be recorded to protect your rights. Read More
Can a neighbor have such low hanging limbs over an easement that emergency vehicles can not get to my house.does an easement also have reasonable overhead clearance.?
You may have the right to trim those branches if the property owner won't do it. However, the law varies in different jurisdictions. You should consult with an attorney who specializes in real estate law in your area who can review your easement rights and explain your options. There may be language in the original grant of easement that addressed maintenance regarding the right of way. Read More
Does the owner of the property have to tell you if there is a utility easement on the property before you buy it if it runs the length of the back of the house and property?
It depends on the transaction. In most normal transactions the standard contract used by most Realtors will say something about clear title, a title commitment from the title company and other factors. If the buyer did not expect a clear title then it could be argued they received what they expected. The buyer should review the details of the title before signing the final documents to complete the sale. Any title insurance policy will show… Read More
A dominant tenement is land that benefits from an easement on another's property. The servient tenement is the land over which the easement runs. Generally, when both properties become vested in one owner there is a merger of title and the easement is extinguished. However, you should always consult with an attorney in your jurisdiction, preferably the attorney who represented you at the time of your purchase. Read More
How long due you have to return company property after being terminated beforeit can be reported stolen?
You should return the company property immediately. If you have been terminated, there is not need for you to have the property any longer. Read More
That depends on what your property damage limit is. Typically, you have a per accident limit for property damage, usually around $10,000 or more. What this means that the insurance company will pay up to $10,000 in property damage for your car if you have full coverage and the cost for the pole. Should the combined total exceed $10,000 you may have to pay some of the excess yourself. Read More
You can check your neighbor's chain of title in the land records office. The chain of title should reveal any easements that have been granted or acquired. Read More
Your deed may have other information that you don't recognize as pertinent. Does it recite your land as subject to an easement in Book 2310 Page 210 (example only)? Or does it state that the land is subject to an easement granted to Charlie Brown, or to "any existing rights of way"? You could chain back the title in the land records to try to find where the easement was first created to see the… Read More