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What is exclusive easement?
A non- exclusive easement refers to the right to use the land, but the easement is not granted to only you. Other parties may have the right to use the easement also.
Can a declarant grant an easement?
Generally, the property owner must grant an easement.
Does a person have the right to be on a easement if the easement holder does not give them permission but the land owner does?
That depends on the details. An easement may be exclusive or non-exclusive and there are different types of easements. The person may have the right to be on the land with the permission of the land owner.That depends on the details. An easement may be exclusive or non-exclusive and there are different types of easements. The person may have the right to be on the land with the permission of the land owner.That depends on the details. An easement may be exclusive or non-exclusive and there are different types of easements. The person may have the right to be on the land with the permission of the land owner.That depends on the details. An easement may be exclusive or non-exclusive and there are different types of easements. The person may have the right to be on the land with the permission of the land owner.
Who can file an easement?
The owner of real property may grant an easement. A government body can take an easement by eminent domain.
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.
Who is responsible for fixing a fence?
The owner of the fence or the owner of the property on which it stands.
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.
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.
In Virginia does having a right of way through a private property give you the right to fence it in and make changes to the shared entrance?
A right of way entitles the easement owner the right to use a way for ingress and egress to and from their property. They can't do anything else to it unless other rights were granted in the original easement.
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.
Is a tree considered a structure on a property easement?
A tree is not considered a structure on a property easement. However, the actual owner of the land can chose to remove the tree if he or she sees fit.
Can a utility company legally compel a property owner to grant an easement?
Yes, a utility company can legally compel a property owner to grant an easement through a process called eminent domain, which allows the government or certain entities to take private property for public use with fair compensation to the property owner.
