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Easement was given 20 years ago on a property we just purchased can i build a wall on the other side of the easement line?
Your question requires a lot more detail. Generally, you cannot build a wall that would restrict access to the area of the property subject to the easement. An easement allows people other than the owners of property to use the property for a specific purpose (commonly easements are granted to give neighboring property owners access to a road). If you recently purchased the property subject to the easement you are not allowed to build a wall which would restrict the easement owner's access to the property.
If you are asking if you can construct a wall on the other side of an easement upon property you do not own, the answer is no. You have the right of egress and possibly to maintain it, but does not give you the right to construct a wall on the ajoining property outside of the easement which you do not own.
See discussion page.
What else can I help you with?
What are your rights on your property within an electrical line easement?
You have the right to own and pay property taxes, and enjoy the use of the easement area, but you cannot build anything or plant trees within it that would interfere with the power companies use of the easement to access their lines, poles, and equipment.
Does the owner of an ingress egress easement to waterfront have a legal right to build a pier on the servant owners property in NC?
You need to review the language set forth in the document that created the easement to determine exactly what rights were granted. Generally, an ingress-egress easement does not include the right to place any structures on the easement area.
An easement was granted to the power co and now the power station and lines were removed can you build a horse race track with barns on this land that contains the easement?
No. You need to obtain a release of the easement from the utility company before you build anything on the portion that was affected by the power station and lines. The company can always reinstall new equipment within the easement area and demand that you remove any structures you have installed in violation of their easement rights. Try contacting their right of way or easement department to determine if and how you may obtain a release of their rights in your property. In Massachusetts the utility companies charges for researching and releasing an easement that is no longer used can run from $500-$1500. Some companies will not release an easement that is not being used.
Can a neighbor build a concrete block and wood fence across a 20 ft wide utility easement?
It depends on the nature of the easement. You need to get a copy of the easement from your county records office, and see what rights it gives the neighbor to build on the easement. Odds are, if it's a utility easement, it belongs to the utility company alone. See a real estate attorney for detailed information on your state's laws.
The power company has no easement on their power line that goes through your property Can you build a garage under the line?
Your title would need to be researched to determine if an easement was granted in years past. Utility easements are often not recited in deed descriptions. Failure to recite the easement does not mean the easement doesn't exist. Grants by property owners are not the only method by which utility companies acquire rights. In some cases, easement rights were taken by eminent domain. In some cases the utility was permitted to construct a ROW by virtue of a legislative act. In that case, it would have an easement. You should speak with an attorney in your area before you construct anything within the limits of the power line. An attorney who specializes in real estate law would be familiar with the local practices. If you build a garage within the power line ROW and later find the utility did have an easement it can and will demand the garage be removed.
Does a neighbor have to remove a carport addition that is on my property?
If your neighbor has no easement rights in your property that would allow him to build a carport then he must remove it if you can establish that the structure encroaches on your property.
What is a water line easement and how does it impact property ownership and usage?
A water line easement is a legal right that allows a utility company or government entity to access and maintain water lines on private property. This impacts property ownership by giving the easement holder certain rights to use the land for water line purposes, which can restrict the property owner's ability to build or make changes in that area. It may also limit the property owner's usage of that portion of the land.
We purchased a corner lot with an easement to an entrance to a golf course we built a wall over the easement and they want it removed must we tear it down?
If you look in the papers you signed when you bought the place, you will probably find that you accepted the easement. If you did, you can't build a wall over it. If you didn't, it would be negotiable with the golf course as to whether you let them use it or not. Your question states that you knew the golf course owned an easement over your property. You must have received a notice from their lawyers requesting that you remove the wall. You may want to have your deed and the correspondence from the golf club reviewed by your own attorney. It is likely the golf club is aware of its rights and you will have to remove the wall.
What kind of real estate ownership is an easement?
An easement is a right of one owner of land to make beneficial and lawful use of the land of another owner. Most easements are created by a deed or written agreement and some are created by operation of law. Most easements run with the land and pass to subsequent owners. Some are extinguished by the death of the owner or when that owner transfers the property to a new owner. An easement is a right in another person's property. It is not a fee interest. An easement is an appurtenance to the land it benefits. How long it lasts sometimes depends on the language that created it. If you have a right of way over Harry's land to reach your own and it's your only means of access then it will last forever as a benefit to your land. However, you can't sell that right to another neighboring landowner. Further, all you can do with the right of way is use it for access, you can't fence it in or park your cars on it or install a gate across the entrance unless those additional rights were granted in the original deed of easement.
Can my neighbor build fence on the maintenance easement created as per site building plan between our houses?
You should read your deed and examine its restrictions. Not knowing what binding covenants exist, or reasons for easements exist, it is hard to say. In one particular situation, The answer on one easement was yes and on the other was no, and it was on the same exact piece of property!
Can you build a road right on a property line?
Generally you can build a road right up to the property line. However, you should consult with an attorney who specializes in real estate law in your jurisdiction. YOu may want to know in advance the abutter's right to use the road, if any exists.
Can you prevent strangers from driving on your driveway?
Yes you can, just by parking your vehicle at the end of the driveway where the strangers are unable to pull their vehicle onto your driveway. Yes, if you build a gate on the inside of your property line and clear of the public property "easement". Of course, that answer is dependant on the local regulations.
