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Can you get ownership of your driveway easement by adverse possession in New York if the owners of the property have not used or maintained it for thirty years?
No. You have the right of use by permission of the property owner. One of the elements necessary to prove adverse possession is that you use the property in a way hostile to its owner, or, openly and without permission. You should make an offer to purchase the affected property rather than trying to take what is not yours.
What else can I help you with?
Neighbor is putting up a chain link fence 2 foot over in your driveway Its his property line but hasn't maintained the driveway can he do that?
If its on his property line and there is no easement then the only thing you can do about it is flip him the bird when he drives by.
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.
In CT Can someone claim Adverse possession if they claim that they have been using your driveway to get to their land even if its not them using but someone else only in the summertime?
They would definitely not have an adverse possession claim because that requires exclusive and hostile possession of the land in question. However, they may have an easement by prescription (if they have been using the driveway to access their property for a long time) and/or easement of necessity ( if they have no other access to their property).If you find that the neighbors' use of your land is a problem, you should consult with a real estate attorney in your area immediately.
Purchased land with driveway installed by original owner and the entrance is on his land. he installed driveway 30 years ago. do we have any legal right to land?
There may be "right of way" issues that need to be addressed. If the right of way has been maintained for a specific amount of time (determined by state law in YOUR state), you can demand that the right of way be continued. If there is no specific or other right of way and no access to the land, you might want to consider a lawsuit against the person who sold the land.What you have is perhaps an "easement" question. Even if the deed does not say you have a right to pass and repass upon his portion of the driveway, you have an "easement implied in law." In other words, the owner knew about the driveway across his land, sold you the land with the driveway, and thus burdened his own land by giving you a perpetual right to use the driveway across his land. For future reference, you should amend the deed to include the easement, or obtain another signed document that describes the easement and have it recorded in the registry. This will help prevent any future owner from attempting to deny you the use of the driveway and the easement upon the driveway.
Do you have to record Driveway easement that is being used on another's property?
Yes. You should record it before the document is lost and with it your easement rights.
Our house was built 2.5 years ago and our neighbor's house was done 2 years ago About 1 year ago our neighbors had a survey done and found out their driveway goes through our property What do we do?
There is a range of possibilities, depending on how long you plan to stay and whether or not you want to be friendly with your neighbors: * You can sell them the land under the driveway, which could also allow them to tear out the driveway and put in something worse, * sell them an easement to use that part of your property to cross your land, which also means it can be used as a driveway forever, * license this particular owner to use the driveway (or the driveway easement) either annually, or until they sell the house or remove the driveway, * ask them to move their driveway, or * sue them for trespass and force them to move the driveway. Whatever you do, put it into writing and have a local real estate attorney review it for you. If you completely ignore the problem, it will not go away, and the longer you wait, the more rights the neighbors may have (laches, estoppel, easement by prescription, adverse possession).
Do easements transfer when property is sold?
Yes. When landowners grant an easement they are effectively selling some portion of their ownership rights in that land, so they can't sell the easement. The deed of sale must cite any diminutions of the selling owner's rights in the land being sold, and that includes easements. So, while ownership of the land transfers, ownership of the easement rights remains with the easement owner.
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.
What is a waterline easement and how does it impact property ownership and usage?
A waterline easement is a legal right that allows a utility company or government entity to access and maintain water pipes or infrastructure on private property. This can impact property ownership and usage by restricting certain activities on the easement area, such as building structures or planting trees. Owners still retain ownership of the land but must allow access for maintenance and repairs.
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.
You gave your son a driveway right away to your property does that cause there to be a lien on your property?
It should not if it is properly recorded as a property easement.
My neighbors driveway cuts through my land is this grandfathered land?
That is not considered grandfathered land. if his driveway cuts through your land and is is his only means of accessing public roads then that is called an Easement by Necessity
