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You need to check the title to both properties to determine if the right to use the driveway was ever granted to any owner of the neighbor's property. If the use has been open and has been going on for years they may have established rights that could be formally established by a court decree. You should discuss the matter with the attorney who represented you when you purchased your property. The encroachment should have been addressed in the title examination or plot plan.

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13y ago
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16y ago

None, unless there is some compelling reason for them to do so. About the only way they can do it is if they are 'land locked' meaning there is no other access to their property. Even that will require a court order and appropriate compensation to you. If they want to subdivide their own property, they have to provide the access.

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Q: The property next door wants to make a road on my land what right of way do they have?
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Do you own the property that is subject to public right of way if you pay taxes on it?

It depends on how your property was subdivided and sold. In some cases the land is owned by you but subject to a permanent right of way for a street , alley or public utilities, etc. The area of land that is subject to a public right of way is usually considered in determining the assessed value of the property. As such you you not be directly paying taxes on the property subject to the right of way. In other cases your property abuts or is adjacent to the right of way but you do not own it. You can not acquire public land through adverse possession in most states.


Does the executor have the right to sale land listed in the will?

They have the responsibility to execute the will as written or modified by the court. That includes the right to sell property.


If you have a right-of-way to property over someone else's and they sell their property is the right-of -way still valid?

Yes. Once a ROW is granted by the owner of the encumbered property, it runs with the benefitted land until the owner of that land releases all rights in the ROW. If the owner of the encumbered land ever acquires the parcel benefitted by the ROW then the title will merge and the ROW will disappear.


What is right of reverter?

The right of reverter exists where a title to property is such that there is a chance that the property may return ("revert') to its former owner. A right of reverter gives a person the opportunity to retake possession or ownership of property that is not being used in accordance with the requirements laid out upon the transfer of the title of the property. For example: In the case of a Fee Simple Determinable title to a property, the former owner may convey title to the property to the current owner on a condition. Such a condition could be that the land shall be used for non-comercial purposes. Should the current owner begin to use the land for commercial purpose his or her right to the land would cease and the title of the property reverts to the former owner. The right of reverter exists where a title to property is such that there is a chance that the property may return ("revert') to its former owner. A right of reverter gives a person the opportunity to retake possession or ownership of property that is not being used in accordance with the requirements laid out upon the transfer of the title of the property. For example: In the case of a Fee Simple Determinable title to a property, the former owner may convey title to the property to the current owner on a condition. Such a condition could be that the land shall be used for non-comercial purposes. Should the current owner begin to use the land for commercial purpose his or her right to the land would cease and the title of the property reverts to the former owner.


Can a person own a property without any undivided share of land?

No. When more than one person owns land they each own an undivided interest. That means they each have the right to the use and possession of the whole property even though they own a half interest. A sole owner would, of course, have the right to the use and possession of the property. They would acquire their interest by deed or by inheritance. Property ownership is by definition the right to the use and possession, and the right to leave the land to your heirs. If you do not have a will the property will pass to your heirs-at-law according to law. A person cannot own real property unless they have acquired an interest by deed or inheritance.


What is the term for the right of roche citizens to walk across shoepke's land on the trail?

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Can a person deny access to your property when it is behind to theirs?

It depends on the specific deeds, land geometry and the local laws, but in general you have the right to access your own property from the nearest public way, or through the land of the person from whose land your property was subdivided. Depending on how you plan to use the land and the access, you may be assessed damages for installation of a roadway across someone else's land, say, for removing the timber from your property.


Land left many years ago 42 acres three people now own no right of way except used for logging years ago down the road land has never been divided but one owner wants right of way through your land?

The state is not given. However as a general rule: I believe that you will find that the laws of all states will grant a "land-locked"property owner (one who has no direct access to a public road or right-of-way) access across neighboring property owner's lands, in order to reach a public roadway. See a local attorney who specializes in this area for further information.


Is it legal for a repossesion agent to knock on your door stalk your home wait for you to leave your apartment to ask you questions?

It's not legal for anyone to stalk you, but the term "stalk" has a pretty specific legal meaning. Also, if the property in question - the land and the home on it - is your property, you have every right to have someone arrested for trespassing if they are there without your permission.


What is Right of egress?

The right of "ingress and egress" is the right to enter and leave. With land it would be an easement, or right of way, over some other property in order to access your own.


Can dominant estate having a right of way easement shift the easement to entirely separate another property from the easement?

No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.


Definition of Ingress and Egress easements?

Does the landowner that has a ingress to a property have the right to build aa road across my land if the land is passable without a road.