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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 in the appropriate court requesting a court order to clear the land of the easement. The plaintiff must show compelling evidence that the easement has been abandoned, compelling enough for the court to extinguish the easement rights. That evidence would include a full title examination to show the history of the easement, evidence to show the owner of the easement was contacted and refused to release the easement and evidence the easement is no longer used and no longer needed.
This is a difficult case to bring to court. It should be handled by an attorney who specializes in real estate law and who has experience in this type of litigation. You should consult with an attorney in your area who can review your situation, examine the titles to the properties and determine what your options are. If the owner of the easement is a utility company, some companies will release the easement for a fee that covers the company's research into its own records.
The attorney may be able to contact the owner of the easement and negotiate a release without going to court. Requests from an attorney are more effective than a request from an individual.
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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.
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.
Is scenic easement same as landscape maintenance easement?
No. A scenic easement prevents another from obstructing the view.A landscape maintenance easement is less exact. It could be an easement to encroach on another's property in order to perform maintenance.No. A scenic easement prevents another from obstructing the view.A landscape maintenance easement is less exact. It could be an easement to encroach on another's property in order to perform maintenance.No. A scenic easement prevents another from obstructing the view.A landscape maintenance easement is less exact. It could be an easement to encroach on another's property in order to perform maintenance.No. A scenic easement prevents another from obstructing the view.A landscape maintenance easement is less exact. It could be an easement to encroach on another's property in order to perform maintenance.
How do you value an easement?
The customary way of appraising an easement to is valuate the land as if unencumbered by the easement and the land as encumbered; the difference between the two values is the value of the easement.
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.
What is a private nonexclusive easement?
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 will continue indefinitely. An easement that is "non-exclusive" simply is an easement that someone else may also use. This might mean the person who granted the easement or whoever else may be identified in the easement document. The easement document should state who else may use the easement. A perpetual easement usually "runs with the land", meaning that the easement continues in effect regardless of whether the property benefited by the easement is sold or if the property burdened by the easement is sold.
May children play on an easement without violating the terms of the easement?
It really depends on the nature of the easement. And the nature of the easement depends on the terms of the easement. Appart from state law which generally defines an easement, the terms of the individual easement usually limit the usage of the easement property...or rather subject the holder of the rest of the property and what is left after the use of the easement to what can and cannot be done on/with/to the land/sky/land beneath the easement. (It is convenient to see an easement as an area with clear boundries, most of the time; however, easements are really rights to use the area a certain way in opposition to the holder of all the other rights to do with it as he pleases.) You really have to know the terms of the easement.
Can you use your own land inside not blocking an easement?
Yes. As long as you do not impede the easement rights of the owner of the easement.
Is easement a word?
Yes. It means "Advantage, convenience; something serving as a convenience. It is also a legal term meaning "Acquired right or privilege of using something not one's own." (source: Oxford Illustrated Dictionary 1977)Answer/ClarificationYes, easement is a word. It's a very important word in the Law of Property. The commonly understood and basic definition is a right in land owned by another person for a specified purpose. Examples would be an access easement, easement for installation of utilities, aqueduct easement, flowage easement, sewer easement or parking easement. In addition to the common definition of easement there are many other types in law such as easement by prescription, affirmative easement, easement by implication, easement by necessity, etc.
What is the definition of presumptive easement Can a utility company claim presumptive easement when they never asked for an easement from the property owner?
Presumptive easement occurs when the access or easement has been used for so many years it has become an established easement. The owners permission is not necessary if they allowed it to go for years without complaint.
What is the easement of an electric company called?
Utility easement, they are common.
