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What is legal right of property owner when a contractor is building waterline across edge of property to neighbor beyond the easement boundary?
That all depends on the provisions set forth in the easement. However, it is quite common for a developer to reserve easements rights that benefit other land of the developer. For example, if a developer reserved a ten foot wide water line easement easement across your lot then it can install a water line within the easement area to service other lots beyond.
What else can I help you with?
What is a waterline easement and how does it impact property ownership and usage?
A waterline easement is a legal right that allows a utility company or government entity to access and maintain water pipes or infrastructure on private property. This can impact property ownership and usage by restricting certain activities on the easement area, such as building structures or planting trees. Owners still retain ownership of the land but must allow access for maintenance and repairs.
What are the regulations and restrictions associated with obtaining a waterline easement for a property located near a body of water?
When obtaining a waterline easement for a property near a body of water, there are regulations and restrictions that must be followed. These may include obtaining permits from local authorities, adhering to environmental protection laws, and ensuring that the easement does not interfere with public access to the water. It is important to consult with legal experts and relevant agencies to navigate these requirements effectively.
Is fire easement a public utility easement?
No given easement goes beyond the specific right granted by the easement document. Specific usage(s) of a fire easement would be only those actions directly related to fire prevention and or suppression. Easements related to safety issues such a fire easement may be created by zoning and community ordinances and not appear in the conveyance documents but place specific requirements upon the owners of the lands and or building where the easement resides or even adjacent to the easement. Examples of regulatory easements are building setbacks, firewalls, and construction.
Can a neighbor use the easement property that's over your boundary for personal plants?
The property still belongs to you. The easement means that you shouldn't be planting or putting anything permanent in there, as the city/town/community could come along and do what they wanted with it.
Can a business use a nonexclusive easement to get to their property?
The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.
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.
Does access to an easement have to be provided if so isn't that another easement?
Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.
Do you measure property from the utility line or the building line?
you need to read the deed description carefully to determine where the property lines are. A building line is generally not a property line. As for the utility easement area, your property may run up to the easement line or the easement may be on your property. If you do not understand the description in your deed you should contact the attorney who represented you at the time of purchase and ask her to review the deed with you. There may be a survey of your property recorded in the land records. You could also take your deed with you to the town assessor's office where you may be able to obtain a copy of the assessor's map that shows the location and dimensions of your lot.
Can an easement be blocked?
If an easement is a legal easement as described in a legally filed deed then no an easement can not be blocked. The only way an easement can be released is again through a release by all parties on a recorded deed.
Is scenic easement same as landscape maintenance easement?
No. A scenic easement prevents another from obstructing the view.A landscape maintenance easement is less exact. It could be an easement to encroach on another's property in order to perform maintenance.No. A scenic easement prevents another from obstructing the view.A landscape maintenance easement is less exact. It could be an easement to encroach on another's property in order to perform maintenance.No. A scenic easement prevents another from obstructing the view.A landscape maintenance easement is less exact. It could be an easement to encroach on another's property in order to perform maintenance.No. A scenic easement prevents another from obstructing the view.A landscape maintenance easement is less exact. It could be an easement to encroach on another's property in order to perform maintenance.
How do you value an easement?
The customary way of appraising an easement to is valuate the land as if unencumbered by the easement and the land as encumbered; the difference between the two values is the value of the easement.
What is a private nonexclusive easement?
An "easement" is a legal right to use the property owned by another person (i.e. the person who granted the easement). An easement is usually created by a recorded document, whether a deed or an easement agreement. The purpose of the easement (for example, a driveway or a walking path) is whatever permitted use is stated in the easement document. The fact that the easement is "perpetual" means that the easement has no term and will continue indefinitely. An easement that is "non-exclusive" simply is an easement that someone else may also use. This might mean the person who granted the easement or whoever else may be identified in the easement document. The easement document should state who else may use the easement. A perpetual easement usually "runs with the land", meaning that the easement continues in effect regardless of whether the property benefited by the easement is sold or if the property burdened by the easement is sold.
