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What does full enjoyment of the easement mean?
Full enjoyment of the easement means that the owner of the easement is able to exercise all the benefits of the easement that are described in the document that created the easement. For instance, if an owner of an easement has the right of access to his property over a 12 foot ROW then the owner of the land encumbered by the ROW cannot park cars within the bounds of the ROW so as to impede its use by the owner of the easement.
Can an easement be removed if the person who owns it doesn't know it exists and it wasn't needed in the first place?
NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.
Can a land owner install a wooden deck that crosses a perpetual easement?
You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.
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.
Can a declarant grant an easement?
Generally, the property owner must grant an easement.
Can you park on a right of way easement?
No, you cannot park on a right of way easement as it is meant for passage and access, not for parking.
Who can file an easement?
The owner of real property may grant an easement. A government body can take an easement by eminent domain.
Can holder of right of way for ingress and egress give another land owner with landlocked property permission to use the same row?
Not unless the first easement owner was granted the right to assign it to other landowners in the original grant of easement. If not, the other land owner must obtain a separate easement from the owner of the land over which the easement passes.
If there is a exclusive easement can the non property owner put up a fence?
If the easement is exclusive, then the non property owner can put up a fence. However, it can only be done with the permission of the property owner.
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.
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 is more of an encumbrance on property a lien or an easement?
It depends on the lien, the easement, and the owner's intent for the property. Typically, a lien doesn't impede the owner's enjoyment of property rights unless and until the owner wishes to sell. At the point, either the lien must be satisfied by the seller or the property must be sold subject to the lien; in either case, the net monetary return to the seller will be diminished by the amount of the lien. By contrast, an easement essentially allows another entity the right to restrict the owner's use of the portion of the property covered by the easement. If the landowner sells, the land property is sold subject to the easement and the new owner continues to be subject to the easement rights.
