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Does the adjacent land owner have the right to control the easement that he deeded to us?
Easements are not the same thing as fee ownership. Therefore, not all "control" is relinquished when an easement is granted. The terms and words of the easement usually identify the permissible uses. Generally speaking, what is not permitted is prohibited. The typical easement is for ingress, egress and utilities. It may be limited to a term of years or a particular person but this is unusual. A significant number of lawsuits I handle for clients involve easements and disputes of what is permitted and what is not. Why? Because usually people don't really know how to write the easement or don't really understand what they give or get when an easement is involved. See a lawyer in your jurisdiction and take a copy of the easement for him or her to review. Should be a minimal charge to review your particular circumstances. -pml
What else can I help you with?
Can an owner of a property that allows deeded lake access to neighboring houses revoke the deeded access rights?
That depends on the terms of the original grant. If the right to revoke the easement was reserved by the owner then the easement can be revoked. The language used in grants of easements is legally significant. You need to have the original grant reviewed by an attorney who specializes in real estate law in order to determine what your rights are.
Can the Owner get deeded house back?
The owner of a deeded home can get the home back if the home is in his or her name. The taxes must be paid on a deeded home in order for it be a clear deed.
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.
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 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.
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.
Who is deeded owner?
That would mean a property owner who acquired their interest in the property by virtue of a deed.
