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If a suit is brought it will have to be brought in civil court. If it is a dedicated easement recorded and on file in the county land records I would counsel trying to settle the problem before it reaches that stage though. If it is already recorded in the law, it is pretty simple to judge how the court will rule on it.
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Does Massachusetts honor easement by prescription?
Yes. However, the easement would need to be perfected by a court order.Yes. However, the easement would need to be perfected by a court order.Yes. However, the easement would need to be perfected by a court order.Yes. However, the easement would need to be perfected by a court order.
What is the jurisdiction of the US Court of International Trade?
cases that work to resolve international trade disputes :)
What is the court's job in civil cases?
To provide a place to resolve the differences between the plaintiff and the defendant.
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 an abandoned easement be regarded as terminated?
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.
Can the owner of land over which there is an easement terminate the easement because of the easement owner's refusal to adequately maintain the easement?
The requirement for maintenance should be recited in the instrument that created the easement. The owner of the servient land would need to bring an action in a court of equity and request relief. If successful, the court would issue an order that clears the title of the easement. However, you need to consult an attorney who specializes in real estate law and litigation. An abundance of work would be involved in that type of case.
What happens when you gave an easement to your neighbors whose driveway was on your land and they built another driveway and have been abusive obtrusive and threatening and now you NEED to revoke it?
You cannot revoke the easement on your own. If they have violated the terms of the easement then you could bring an action in court to have the easement extinguished. You need to consult with an attorney.
What cases can ombudsman resolve?
cases not exceeding R800 000.00
Do chief justices of the supreme court decided which cases they review?
Yes. The members of the US Supreme Court review cases presented to them in a writ of certiorari. If they grant the writ, they will review the case. The look for cases that need to resolve discrepancies between various District Courts, or things that touch on the US Constitution.
Can a perpetual easement be removed?
Yes, under certain circumstances. An easement can be released by the party that owns the easement rights. An owner of property encumbered by an easement can petition the court to remove the easement and may prevail if there is sufficient evidence that the easement is no longer needed or in use.
Is there a Statute of limitations on court decreed right of way?
No. Not unless one is expressed in the court order that created the easement. You need to review that order.
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.
