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If there is a shared area there must exist some sort of reciprocal easement such as in a condominium scheme.

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14y ago

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What is international airspace?

Airspace is the part of the atmosphere that is controlled by the country below. For international airspace, the sovereign airspace of a country matches the maritime territorial limits and the space not in those limits is considered international airspace.


Is a tree considered a structure on a property easement?

A tree is not considered a structure on a property easement. However, the actual owner of the land can chose to remove the tree if he or she sees fit.


Can children play on a neighborhood shared easement if it is accepted practice in the past 7 years?

Who's going to stop them if it's "shared"? If they're violating the terms of the easement, then there is a local statute of limitations that will determine how long it can be ignored before the "accepted practice" becomes a legal right.


Can you legally purchase airspace above a property?

No, you cannot legally purchase airspace above a property as it is considered part of the public domain and regulated by aviation authorities.


Is a home's lawn considered an appurtenance?

No. A right or restriction which goes with that property is considered an appurtenance such as an access easement.


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.


On a legally established 50 foot wide easement can anything be placed inside that 50 foot width which would restrict usage of the entire easement?

Generally, the easement will be considered to be the dominant estate--simply put, the holder of the easement interest can prevent usage of the surface in any manner inconsistent with the puroses for which the easement was granted. That is a question of fact. As frustrating as it may be for the servient owner (the holder of the fee interest), that right is granted to the easement holder upon acquisition.


Can a landowner install a gate across a non exclusive easement?

Generally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.Generally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.Generally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.Generally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.


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.