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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?
Wiki User
∙ 15y ago
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.
Wiki User
∙ 15y ago
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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.
Encroachment of easement by planting crops on?
"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' over, under, or through, a property, but they do not imply or convey any ownership rights upon the property over which the easement passes! And it does not mean the property can't use the land for other purposes, it just means that, when necessary, he is legally required to grant passsage over his property.
Can criminal tresspass be filed on a person that drives down an access and utility eavesment?
Not if it is a legally designated easement.
How is an implied easement created?
An easement that is "implied" does not, in fact, legally exist - it is only IMPLIED. [Example: I own the farm field behind yours, and it is easier for me to reach it by driving my tractor over your property. We're both good friends and you have no problem with this arrangement, and I've been doing it for years. Therefore - even though there is no legally recorded easement over your property, there is an implied consent, because you have been allowing me to do it.]
Is a father entitled to access if his name isn't on the birth certificate?
Generally, the father can petition the local family court to have his paternity established legally. Once established he can request visitation.Generally, the father can petition the local family court to have his paternity established legally. Once established he can request visitation.Generally, the father can petition the local family court to have his paternity established legally. Once established he can request visitation.Generally, the father can petition the local family court to have his paternity established legally. Once established he can request visitation.
What can parents do about a 18 year old boy dating there 17 year old daughter in Florida?
Legally there is not much. They can restrict the daughter's ability to go out, but they have no control over him. Both are over the age of consent, so it is difficult to do anything legally unless there are criminal activity going on.
Who must approve the charter in order for the corporation to be legally established?
Secretary of sate where the corporation is established
Who must approve the charter in order for a corporation to be legally established?
Secretary of sate where the corporation is established
How is general partnership usually established?
a legally created written contract
Can a mother keep father from seeing children without court order in Kansas?
No. Not if the father's parental rights have been established legally.No. Not if the father's parental rights have been established legally.No. Not if the father's parental rights have been established legally.No. Not if the father's parental rights have been established legally.
Is a grant of right of way legally equivalent to deeded access?
Generally, yes. The grant must be in writing, have a proper description of the easement, be acknowledged and recorded in the land records.
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.
