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You can negotiate the purchase of a right of way easement from an abutting owner who has street access. You should perform a full title examination on the abutting land to make certain they are the legal owner of the land so they can grant the easement.
You can negotiate the purchase of a right of way easement from an abutting owner who has street access. You should perform a full title examination on the abutting land to make certain they are the legal owner of the land so they can grant the easement.
You can negotiate the purchase of a right of way easement from an abutting owner who has street access. You should perform a full title examination on the abutting land to make certain they are the legal owner of the land so they can grant the easement.
You can negotiate the purchase of a right of way easement from an abutting owner who has street access. You should perform a full title examination on the abutting land to make certain they are the legal owner of the land so they can grant the easement.
What else can I help you with?
What is a county easement?
A county easement is a provision in the property deed that permits the county some form of access to some or all of the property without having to ask permission of the property owner.
What if neighbor uses another access than assign easement?
They have no right to change the location of the access easement without written permission from the property owner.
What is the definition of presumptive easement Can a utility company claim presumptive easement when they never asked for an easement from the property owner?
Presumptive easement occurs when the access or easement has been used for so many years it has become an established easement. The owners permission is not necessary if they allowed it to go for years without complaint.
What restrictions are in place for properties with no access easement?
Properties without access easements may face restrictions on their ability to be developed or accessed. Without an easement, the property may not have legal access to a public road or utility services, limiting its potential uses and value. It is important for property owners to address these restrictions through legal means such as obtaining an easement or negotiating with neighboring property owners.
May children play on an easement without violating the terms of the easement?
It really depends on the nature of the easement. And the nature of the easement depends on the terms of the easement. Appart from state law which generally defines an easement, the terms of the individual easement usually limit the usage of the easement property...or rather subject the holder of the rest of the property and what is left after the use of the easement to what can and cannot be done on/with/to the land/sky/land beneath the easement. (It is convenient to see an easement as an area with clear boundries, most of the time; however, easements are really rights to use the area a certain way in opposition to the holder of all the other rights to do with it as he pleases.) You really have to know the terms of the easement.
Can a telephone company attach lines to your property without your permission?
If the telephone company has a recorded easement against your property, they may install telephone lines to the extent allowed by the easement. You can find out whether there is such an easement against your property by looking in the title insurance policy you received when you bought your property. If you see a telephone easement listed, you can get a copy of it at your county courthouse. If you don't see any telephone easements in the policy, or have questions about the extent of such easements, call the title insurance company.
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.
Answering This is about land right aways this lane is the only way into this property for at least 100 years now there is a question about legal access nothing at the court house showing anything but?
There could be 2 issues here. An easement of necessity and an easement by prescription. An easement is the right to use another's property for some specific and limited purpose without giving any possessry rights on the land covered by the easement. A common public policy in some, but not necessarilly all, states is that no land shall be made unusable because of lack of access. If a particular piece of property is surrounded by other lands so that the owner must commit a trespass to get to his/her own lands, the law implies an easement of necessity to permit that owner to cross another person's land. The easement will generally not be conferred by a court if there is some other access. The easement is not given just because that route is the easiest access there has to be a necessity for it. The second issue arises from the use of the access route for over 100 years. In some, but again, not all, states, if a property owner has been using an abutting property owner's property as an access route to his own property, whether necessary or not, there may be an easement by prescription. Such an easement could be imposed if the abutting owner knows the first owner is using the property as an access route without the abutting owner's permission and if the abutting owner does nothing to stop it, an easement by prescription could be imposed by a court. Generally there must be a certain period of time the route has to be used before there is such an easement. In New Jersey it is 20 years. Each state might have different requirements to prove an easement by prescription. Whether the situation in the questioner's situation creates either easement depends strictly on the facts and the law of that state.
Is it legal to sell landlocked property that has no right of way?
At common law the owner of a landlocked parcel could avail themselves of several different remedies such as easement by prescription, easement by necessity, latches and adverse possession. The details matter such as how long the land has been owned, used and occupied. In some cases, landlocked parcels have remained unsellable because they were landlocked so long ago and access to the now nearest highway is over other land that does not share a common chain of title. In some cases a right of way must be purchased from an abutting landowner. In many common law jurisdictions the common law has been codified and under modern statutory law an owner cannot sell a landlocked portion of their land. It is against public policy to sell land to which the new owner has no access. This is an extremely complicated area of law and you need to consult with an attorney who specializes in land issues and who can review your situation, examine the title to the real estate and explain your rights and options.
Can a power utility run distribution lines over my property without an easement agreement?
Generally, no, unless the rights were taken by eminent domain. However, it may have acquired easement rights many years ago. If no easement rights are recited in your deed that does not mean there are no easement rights. Ancient easements are often dropped from property descriptions especially when the current configuration was derived from a much larger tract in the past. Ancient utility easements and takings would be revealed by a comprehensive title examination.
If you have an equestrian easement on your property do other you have to grant access to other recreational uses?
The specific terms of the easement will determine your answer, but if there is nothing written, then an "equestrian easement" would normally be limited to the right to pass and repass while mounted upon or leading a horse. If the easement includes "running game with the hounds", then hunting with or without hounds is also allowed while riding horses to hunt for the specified game (e.g., fowl or vermin).
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
