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You can't have an easement removed from your land. You purchased the land subject to the easement because a prior owner granted another party some sort of rights in your land. The only way to remove the burden of an easement is to obtain a release in writing from the owner of the easement and then record the release in the land records. If the easement is used for access, it cannot be removed.
Evidence of an easement can be removed from the deed description for land, however, removing the language from the deed will not affect the easement right. The easement will be disclosed during a title examination. In Massachusetts if the instrument that created the easement appears in the chain of title then it encumbers the property whether or not the easement is recited in subsequent deeds. That is a major reason to have a title examination performed by a professional. The title exam reveals encumbrances that are not recited on the deed and must cover a period of 50 years in. That period varies from state to state.
What else can I help you with?
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.
If my neighbor's deed states that they have an easement on my property but my deed doesn't state any such easement is the easement legal and binding?
The only way to determine if the easement is a burden to your property is to have an attorney examine the titles to both premises to confirm the origin of the easement. If the easement is not mentioned in your deed that doesn't mean it doesn't exist. That is the reason to have the title to property examined by a professional prior to purchase. A comprehensive title examination would disclose any outstanding encumbrances including easements. You should call the attorney who represented you at the time of your purchase and ask that the title examination be reviewed for evidence of the easement. You should send a copy of your neighbor's deed for reference.
What is a county easement?
A county easement is a provision in the property deed that permits the county some form of access to some or all of the property without having to ask permission of the property owner.
Are you liable for neighbors water lines on your property?
It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.
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.
What if the plot plan attached to my master deed dosen't show an easement in the driveway does it exist?
Yes, it certainly could. An easement doesn't need to be mentioned on a deed in order to be valid. It may only be mentioned once in the document that created it. The title to the property must be examined to determine if there is any record of the easement. You could ask the attorney who represented you at your closing when you purchased the property.
Can a quit claim deed add an easement?
Yes, in most jurisdictions a quitclaim deed can be used to grant an easement.
What if row is granted to a gas station and that property is sold to another does that right of way go with the property if it is not spelled out in the new deed?
You need to check the instrument that created the easement. When an easement goes along with the property as a appurtenant right in subsequent conveyances it is said to "run with the land". In checking the original grant one would look for the words "to heirs and assigns" in the grant of easement. That would make the easement right transferable to future owners of the property. You should consult with an attorney who specializes in real estate law who can review your situation, the deed that created the easement and explain your rights and options under your state laws.
You have an ingressegress easement on your property providing access to the property being built in the rear What are your rights Can they make any improvements on the easement such as driveway?
The deed may state the conditions upon which the easement can be used or improved, or you may have local statutes or case laws that will give a specific answer. Otherwise, you may need to simply have an agreement with the owner of the easement.
Is there a utility easement on my property?
To determine if there is a utility easement on your property, you can check your property deed or contact your local county assessor's office for information. Utility easements are typically recorded in property records and indicate areas where utility companies have the right to access for maintenance or installation of utility lines.
Why is your neighbors easement listed on your warranty deed?
Your land must be subject to the easement.
Do you measure property from the utility line or the building line?
you need to read the deed description carefully to determine where the property lines are. A building line is generally not a property line. As for the utility easement area, your property may run up to the easement line or the easement may be on your property. If you do not understand the description in your deed you should contact the attorney who represented you at the time of purchase and ask her to review the deed with you. There may be a survey of your property recorded in the land records. You could also take your deed with you to the town assessor's office where you may be able to obtain a copy of the assessor's map that shows the location and dimensions of your lot.
