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You need to review the document that created the easement.
You need to review the document that created the easement.
You need to review the document that created the easement.
You need to review the document that created the easement.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoYou need to review the document that created the easement.
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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.
What can be done about a private road no maintenance agreement and the owners of the road won't respond to a letter from a lawyer asking if they want to deed the road to the county?
The county might be able to take the road by eminent domain, if sufficient grounds exist and the county is willing to spend the money for repairs on top of the purchase price. If you live on the road, have an easement for passage but have no ownership of it, and the lack of maintenance is damaging your vehicle, you might be able to sue for damages. Otherwise there would seem to be little that can be done since it is private property.
Can you charge for maintance on a road easement?
If someone has requested that you provide them with an easement over your property you can negotiate a fair price. However, if the easement existed when you purchased the property you cannot charge for its use now.
If a homeowners association has an easment to maintain roads can you put a fence in the easment where it does not interfer with the road maintaince?
Your answer may depend on who determines 'interference with road maintenance'. If you have proof that over time, the easement is too generous -- that is, never used during road maintenance, you can petition the board for permission to erect a fence. They may require that the fence be movable, so that in future, should the easement and its original purpose be required, the fence can be relocated.
How does one know if a property easement is road only or a utility easement or both?
You need to approach the owner of the road and negotiate for additional easement rights. You should also discuss the situation with an attorney to determine if the laws in your state confer any other rights when you have right to use a private road.
What is the current Kentucky road easement law for land locked property?
The current Kentucky road easement allows an owner of a landlocked parcel to cross over another's land in order to access a public road.
What is a nonexclusive easement.?
If you have a non-exclusive easement appurtenant to your property it means that you can't stop others from using it. If you're considering the purchase of property with a non-exclusive driveway easement you should determine who is responsible for repairs, upkeep and maintenance costs, and who else has the right to use it.
Is it legal to open a business on a private road?
Answer 1A private road is open to the general public. When a road is private, all it means is that it is not maintained by the city or government and is maintained by those who use it. The "private" part of the name doesn't mean nobody can use it, it means privately owned - like a privatised corporation - something run by the public not the government.However, a business should make sure that the road can be used for commercial purposes. Private roads are processed and approved by the court, because of planning regulations and the fine line between the definition of private and public roads. A business needs to check with the court that the road can be used commercially. if the commercial business attracts too many visitors then the court may decide to make a part of the private road a public road.Seek a lawyer if you need advice.Answer 2Only in certain conditions. The easiest way to gain access to a private road is to buy an easement from the private road's owner. If there is no way to access the property other than by using the private road and the owner denies you the right to use it, you MAY be able to sue for a prescriptive easement in court for the extent of the private road necessary to access your property. However, before engaging in any legal activities, please consult with a lawyer. Additionally, this answer does not create or imply any attorney-client relationship or confidentiality.
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.
Can a town stop plowing a private road?
Yes and they should not be plowing due to lack of insurance coverage for their vehicles and operators - insurance covers legal activities of a municipality; private road maintenance conflicts with that as well as possibly the commerce clause
Why is the US a mixed economy?
It is part private business ownership, part government. Education, police, fire protection, road building and maintenance are all run government programs, rather than operated by the private sector.
Is there a statutory provision for maintenance on private roads in Washington?
Generally, residents on a private road must share the expense and responsibility for maintenance unless there exists a formal agreement or deed provision common to the other owners that front on the private road. Maintenance is one of the main disadvantages of purchasing property on a private way. There are different ways that maintenance covenants could be created.Provisions may be set forth in the deeds for each parcel on the road when each parcel is conveyed out by the developer.A separate agreement could be recorded and referred to in the deeds.The owners could create an agreement amongst themselves and record making all future owners subject to the agreement.If there is no agreement or deed covenant in existence, the California Civil Code requires the cost of maintenance for private roads to be shared equitably by the landowners benefiting from those roads, i.e., each and every owner that has rights in the road. If any owner refuses to cooperate, they must be sued by the other owners.
