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If a property owner granted a utility company an easement after decades of licensed use does recording of the easement eliminate any prescriptive claims?
There would be no prescriptive claims in any case: licensed use is not hostile and a recorded easement presumes fair consideration.
If applying for an easement over your land by precription and has sold property whilst dispute is on does that make claim nul and void?
If you are the one who has filed a claim for a prescriptive easement over another person's property you should have recorded a notice of your claim in the land records. That notice is called a lis pendens. If someone has filed a claim to acquire a prescriptive easement over your property you must let a buyer know of the claim if you know about it. You should seek the advice of an attorney.
How to prevent a prescriptive easement on my driveway which abuts neighbors easement?
Prescriptive easements are similar to the concept of adverse possession. A prescriptive easement can only be created if the other party is using your property without your consent, that use is continuous, and it is "open and notorious" and adverse to your claim of perfect title for the statutory period, which varies from state to state but is usually at least a few years. Then the other party would have to sue to quiet the title to the easement in their favor. So, all that mumbo-jumbo aside, just don't let a neighbor use your property. Let them know if they are using your property and you are unhappy with it. If you are civil, most folks are willing to be amicable. If the use continues, consult an attorney about your best course of action.
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.
What is an easement by prescription?
may be created by continuous and uninterrupted use, by a single party, for a period of five years. The use must be against the owner's wishes and be open and notorious. No confrontation with the owner is required and property taxes do not have to be paid. The party wishing to obtain the prescriptive easement must have some reasonable claim to the use of the property
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.
Who is liable for your neighbors cesspool when it's on your property?
First. Your neighbor needs an easement to locate their cesspool on your property. They are liable for the cesspool.First. Your neighbor needs an easement to locate their cesspool on your property. They are liable for the cesspool.First. Your neighbor needs an easement to locate their cesspool on your property. They are liable for the cesspool.First. Your neighbor needs an easement to locate their cesspool on your property. They are liable for the cesspool.
Can a declarant grant an easement?
Generally, the property owner must grant an easement.
Can a property with easement can be foreclosure?
The easement does not affect the mortgage. Therefore, the foreclosure can continue.
Who pays taxes on an easement?
On the property the easement is on/over? That depends on the terms of the easement given and agreed to. The most common forms of easements, utility and right of way easements the property owner pays the property taxes.
Who can file an easement?
The owner of real property may grant an easement. A government body can take an easement by eminent domain.
Does the town own your property if you give them an easement?
When you grant an easement in your property you are granting the other party the right to use a portion of your property for some specific purpose. You still own the property. The other party owns a right in your property. You should review the document that created the easement for details.
