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If an appurtenant easement is encroached upon right after it is surveyed and marked with monuments is that criminal or civil?
Civil court, but not really enough information is given in order to answer. What do you mean by "monuments?" Small warnings against digging up buried cable, etc? If it is a public utility or the the town government, they do have the authority post warning signs - and may even be legally obligated to do so.
What else can I help you with?
Can the public use an appurtenant easement?
An appurtenant easement typically benefits a specific piece of land (the dominant estate) and is not intended for public use. The right to use the easement is generally limited to the owner of the dominant estate and their guests. However, if the terms of the easement explicitly allow for public use, then the public may use it; otherwise, it remains restricted to the property owner.
What is a nonexclusive easement.?
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.
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.
Appurtenant easement for multi-use dock?
An appurtenant easement for a multi-use dock allows the owner of one property (the dominant estate) to use the dock on another property (the servient estate). This type of easement "runs with the land," meaning it applies to future owners of the properties. It would specify the rights and limitations related to the shared use of the dock, such as maintenance responsibilities and permitted activities.
What is a nonexclusive?
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.
Can someone with an easement deed that easement to someone else?
Generally, an easement "runs with the land" unless the original grant specifies it will end when the grantee no longer owns the property.If A granted a right of way easement over their land to B then the ROW will become an appurtenant right attached to B's land. When B sells to a new owner, the new owner also will acquire the ROW. However, B cannot sell or transfer the ROW to any other land owner, for example, her neighbor, C.
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 real estate law who can review your situation, the deed that created the easement and explain your rights and options under your state laws.
Can criminal tresspass be filed on a person that drives down an access and utility eavesment?
Not if it is a legally designated easement.
Can right of way be handed over without the land owners knowledge?
Yes, IF the right-of-way is recognized by an easement and IF that easement is assignable.ClarificationA right of way generally runs with the land it is intended to benefit. The original grant is generally made to the grantee, their heirs and assigns. When ownership of that benefitted land is transferred the right of way goes along with it as an appurtenant right. On the other hand, the owner of the easement right cannot separate the easement from the benefitted land and transfer only the easement right to someone else who owns other land that adjoins the easement.A right of way is conveyed forward to subsequent owners of the benefitted land. The landowner who granted the original easement is not notified of each subsequent transfer.
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 does appurtenant rights mean?
Appurtenant rights are various easement rights that are attached to real estate and run with the land every time it is transferred to a new owner, unless the right was limited when it was first granted. For example, suppose a land owner sold a small parcel in the rear of her land and granted a ROW for access. The ROW for access is an appurtenant right and if the property is conveyed to a new owner the ROW travels right along with the land forever even if it's not recited in the deed. Suppose an owner sold a small tract from a larger one and granted that new owner the right to use water from a spring on the larger tract. That right could be limited to that new owner only to expire when the land was sold again. It would not become an appurtenant right that would pass along with the property.
