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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.

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17y ago

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Can children play on a neighborhood shared easement if it is accepted practice in the past 7 years?

Who's going to stop them if it's "shared"? If they're violating the terms of the easement, then there is a local statute of limitations that will determine how long it can be ignored before the "accepted practice" becomes a legal right.


Can you run cattle on a property easement?

Generally, running cattle on a property easement is not permitted unless specifically allowed by the terms of the easement agreement. Easements typically grant specific rights to use a portion of land for a designated purpose, such as access or utility installation, and may prohibit activities like grazing livestock. It's essential to review the easement's legal language and consult with a legal expert to ensure compliance. Violating easement terms could lead to legal disputes with the easement holder.


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Only if allowed by the terms of the easement.


Does having ingress-egress easement give you the right to use it for purposes other than just access to your property?

An ingress-egress easement primarily grants the right to access a property, typically for entry and exit purposes. Using the easement for other purposes, such as storage or parking, generally requires additional legal permission or a separate agreement, as the easement's scope is usually limited to access. Violating these terms can lead to legal disputes with the property owner who granted the easement. Always consult the specific easement agreement and local laws for clarification.


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 a temporary construction easement?

That type of easement would end when the construction ends. The terms are usually set forth in the instrument or agreement that created the easement. The period is usually a reasonable period during which the construction can be completed. Once the time period has elapsed the easement is extinguished.


Is an oral agreement enforceable between two parties to add fencing along an easement?

If the terms of an easement are to be changed, the changes should be in writing, signed by the landowner and the easement holder, notarized and then recorded in the land records. The amendment should be referenced to the original easement agreement.


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What happens when you gave an easement to your neighbors whose driveway was on your land and they built another driveway and have been abusive obtrusive and threatening and now you NEED to revoke it?

You cannot revoke the easement on your own. If they have violated the terms of the easement then you could bring an action in court to have the easement extinguished. You need to consult with an attorney.


Is the property owner responsible to maintain the utility easement?

You need to review the document that created the easement to determine that type of responsibility. All the terms should be included in that document.