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If your neighbor cuts of your water supply through your drainpipe which runs across his house is this an easement or nuisance?
Wiki User
∙ 15y ago
If your ONLY access to a water supply requires you to cut across adjacent property (i.e.- that is the ONLY way to access a water main or a well) and this situation is of long standing, it may be quite likely that you have an "easement by necessity" across or through his property. If so, he would not lawfully be able to cut your access off. You really need the advice of an attorney/solicitor to pursue this. Your local public health authorities might also get involved inasmuch as cutting off your water supply would constitute a health/sanitation issue.
Wiki User
∙ 15y ago
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Your neighbor is trying to claim easement through all the exisiting roads on your property in tne 18 years that he has owned his property he has never used them he has a r-o-w on the main road does he?
There are many reasons your neighbor might have an easement over one or more roads on your property. Once that easement has vested (he owns it), he has no particular obligation to exercise it, but must protect it from being revoked by others. However, in many cases the neighbor is completely mistaken that he has any property right in the easement at all, having once used the roads with the owner's permission, and that license was simply terminated. Question whether the neighbor would have any proof of ownership of the easement, if you were to file a lawsuit to quiet title.
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.
Can a landlocked neighbor obtain an easement through my property even though it does not exist on the parcel map mine was purchased prior to his?
First of all, I assume when you say "it does not exist on the parcel map" you mean "an easement does not exist on the parcel map." In most states, your neighbor could sue you for an "easement of necessity" across your property. Generally an easement of necessity requires that your properties have a common grantor (i.e. they were both owned by the same person at one time and subdivided by that person). A real estate attorney in your area will know your state's laws and can give you guidance with your specific situation.
If you have a sewer line that goes through the neighbors property with no established easement and it's been there for 40yrs does the neighbor have the legal right to cut off my sewer if he so pleases?
If the sewer line has existed for that length of time - then with, or without, a "legal" easement you may have gained an easement "by adverse possession." By threaening to cut you off, it may be that your neighbor may be trying to get some money from you for your easement. However, over and above that, contact your local Health Department. I seriously doubt that your neighbor can legally cut you off from sewer access. I would strongly recommend that you contact an attorney for assistance.
The easement runs through the front house of the owner can the owner move the easement to another location or what would be the legal solution?
First you would need to discuss the needs of the owner of the easement and determine it they are willing to relocate the easement. If they are not willing the matter would need to be resolved in a court proceeding. If the relocation of the easement would cause excessive inconvenience the court may not rule in your favor and the error may be costly. Did you know of the location of the easement before building? You need to consult an attorney.
When was Through the Neighbor's Window created?
Through the Neighbor's Window was created on 1913-09-11.
You have an elctical easement in your backyard do you have any legal rights to keep people off of like like neighbors who walk through your yard?
The easement only applies to the electric company. Your property does not become Public Property.
If easement is a long drive through 3 neighbors lands who owns?
The land is actually owned by the neighbors. The person having the easement is allowed to use it even though they don't own it (and the owners are not allowed to block that access); that's what an easement is. If you mean "who has to maintain the driveway", that's the responsibility of the person who wants to use it.
Does the property owner of ingress and egress easement have a right to put a gate up for security?
No because the easement is not owned by the holder. The easement holder does not have the right to put up a gate, they only have the right of ingress and egress through someone else's property.
What if your neighbor has nailed into your fence?
You should politely talk to your neighbor about the situation and ask them to stop nailing into your fence as it is your property. If they don't comply, you can consider legal action or mediation to resolve the issue.
Can passing through a neighbor's property during daily walks over 10 years constitute adverse possession?
An adverse possession must be continuous, open and notorious in order to be valid. In this case, you may have an implied easement, a "right of way," under the lost grant doctrine, depending on how long the Statutory period for an adverse possession is in your state.
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 virtue of a legislative act. In that case, it would have an easement. You should speak with an attorney in your area before you construct anything within the limits of the power line. An attorney who specializes in real estate law would be familiar with the local practices. If you build a garage within the power line ROW and later find the utility did have an easement it can and will demand the garage be removed.
