Questions tagged [easement]

The tag has no usage guidance.

Filter by
Sorted by
Tagged with
0 votes
0 answers
47 views

Can a neighbor legally attach something to the top rail of an existing common fence in Alberta?

My neighbor built a shed on their side of our common fence. They used the top rail to rest the end boards and also the roof supports on that end. I want to replace the boards along that entire side ...
12 votes
1 answer
2k views

Trespass against easements?

Say someone has an easement across my land to access their property. They have an easement, so I am not allowed to interfere with their use of my land. I can't stand there and block their way. If two ...
4 votes
0 answers
113 views

Can a single easement have multiple dominant tenements, or are they multiple easements?

In Florida USA, a single deed granted an easement for water access over a specific piece of land (servient tenement), for the benefit of approx two dozen specific lots of land nearby (dominant ...
7 votes
3 answers
2k views

Made aware of a utility easement a year on

Assume that around 1911 a utility sewer is laid down on private land with an easement that was limited “until a public sewer pipe be built”, with the document being properly filed. Such a construction ...
1 vote
1 answer
358 views

Can Police ask you to leave a public easement if you have committed no crime in Florida?

Lets say Bob is right next to utility power lines poles and within the public easement of a road. The location adjacent the road is a government property. He is recording anything he can see in public ...
1 vote
1 answer
387 views

Can an easement be removed if it's not necessary?

There are two easements across two parcels of my property. Both are 50-foot wide, adjacent, appurtenant, easements that are used by the individual who originally sold our property to the people we ...
3 votes
1 answer
262 views

Can I build on an easement?

I live in Jackson County, Illinois. I failed to check if there was an easement before buying my house, and got saddled with a 50-foot-wide ingress/egress easement. I know this is unusual, but it ...
4 votes
0 answers
336 views

What access rights do I have as a patented mine owner?

I recently purchased a historic patented mine. There is an extensive tunnel network but some of the tunnels leading to my property have entrances off my property on National Forest land. There used to ...
2 votes
2 answers
818 views

How can one gain access to isolated pockets of open access land?

What rights do members of the public have to access isolated areas of open access land, if any at all? That is to say areas of access land which are (i) not crossed by and do not adjoin any public ...
1 vote
1 answer
251 views

Damage to neighbor's utility in the easement on my property

Had some landscaping company do work on my trees. They brought in a tractor machine that damaged a sewer clean out that is at grass level in the utility easement between my property & my neighbor. ...
1 vote
1 answer
197 views

Prescriptive Easement - how exactly does this apply to utilities?

A prescriptive easement in my state (MT) is defined as: "A prescriptive easement is a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, ...
0 votes
2 answers
1k views

Utility access rights without an easement?

Situation: We have a new construction site / home on a small farm. A gas line has been installed across my property, to service the house. I have NO utility easements filed except for an original ...
0 votes
1 answer
320 views

Emergency Egress Blocked by Construction Fence and Planned Construction [closed]

I live in Philadelphia in a townhouse with a fenced rear yard. The rear yard has an emergency egress shaft from the basement that opens into it and it also has a gate in the fence that opens onto an ...
3 votes
1 answer
216 views

Can a restrictive covenant deny a land owner the right to use a road on their own property?

If an easement appurtenant grants access to a property for the purpose of traversing it, can it also restrict the servient estate from any use of that way of access? I am wondering about the ...
3 votes
2 answers
132 views

Cut off from a easement right of way through severance? 1.0.3 Division of Dominant

I've made a little video of my question since I think its best drawn out to understand my question fully. I will try to explain it quickly via words but best to review my video. There was a parcel of ...
1 vote
1 answer
56 views

Can a servient estate charge the dominant tenant storage fees for items left behind after an easement has been abandoned?

My property had an easement that allowed the local municipality to run a water transmission line through my basement. The pipe runs through two foundation walls and is approximately 26". The ...
3 votes
2 answers
4k views

Water line is NOT in legal easement

I purchased land last year and have 4 easements on my property. It has been discovered that the water line to my dominant easement holder is NOT in the easement. It is at least 25ft outside the ...
0 votes
1 answer
261 views

Blocking a sidewalk in a gated community

My HOA has blocked the sidewalk which connects the gated part of our neighborhood from the ungated. They have given the code to those living behind the gate, but now I can't walk my dog back to the ...
2 votes
2 answers
483 views

how do I know what kind of Utility Easement I have in my property?

I am planning to buy a property in a community and the survey shows that there is a utility easement in that property that spans 10 feet from the road. How do I know what kind of utility easement this ...
0 votes
0 answers
30 views

Telco obligations on cable going across driveway (New Zealand)

I have a cable with phone lines on a pole across outside my house going across my driveway.Occasionally I have large trucks which need to come into my property but are unable to do so because the ...
0 votes
0 answers
158 views

Does Verizon laying fios in DC automatically grant them an easement?

In general, I wanted to know what rights are granted to Verizon has when they come lay their FioS personal or business service wires. What are applicable city laws (specifically for District of ...
1 vote
0 answers
533 views

Is it legal to put a CCTV camera on a residential property covering a path with an easement?

What are the legal implications of a house owner putting a camera on their house which points at a path with an easement on it, such that someone else has a right of way on that path? I.e. it's not a ...
2 votes
2 answers
159 views

Is this an implied easement?

I'm looking to purchase some property in Ontario. The property in question is between two other properties. The owners of the properties on each side have created a path through the wooded area to ...
2 votes
1 answer
117 views

How to extend easement to new piece of property being severed?

I'm in Ontario, Canada. I'm looking at purchasing a piece of land behind my parents cottage. I'll be severing 1-2 acres from a much larger parcel, and because it is behind my parents property there is ...
0 votes
0 answers
477 views

Real Estate "For Sale" sign on easement

A house on a landlocked tract (Property A) in North Carolina is for sale by realtor. Property A is accessed from the state road by a driveway, the end of which is constructed on an easement granted ...
5 votes
1 answer
1k views

What is a "Right of a seat in church" Easement attached to land

I was casually reviewing property statutes for Oklahoma, as one is wont to do, when I came upon: 60 OK Stat s60-49: The following land burdens or servitudes upon land, may be attached to other land ...
4 votes
1 answer
314 views

Can an abutter park on my property if they have a right of way easement?

I have a private road that goes around the perimeter of my property and is on my property. The abutters that use the road do so via a "right of way" easement. Sometimes people, especially contractors,...
2 votes
1 answer
3k views

In which states can railroad companies take land in eminent domain?

In Property, fifth edition, by Dukeminier and Krier, on pages 843–54, we are told that in Vermont, railroad companies have the power of eminent domain: they can take land that they need for building ...
4 votes
1 answer
5k views

is Comcast a utility? do they have a legal right to access utility easements?

In my small town (Lafayette, CO), Comcast is upgrading the fiber network which involves going onto residents' properties to access the green box in the yard. For reasons beyond my comprehension, one ...
1 vote
1 answer
1k views

Easement laws in New Jersey, not sure how to proceed

I bought a property which at one point in time had a functional garage at the back of the property and a driveway leading to it. Since then the roof has collapsed but the cinder block walls and ...
0 votes
2 answers
916 views

Who can legally sign an easement in the event of the death of the land owner?

I own property in Snohomish County, Washington, United States (MY PROPERTY) that requires use of a driveway on a neighbor's property (NEIGHBORING PROPERTY) for access. The owner of NEIGHBORING ...
1 vote
0 answers
64 views

AddEstablishing an easement in UK

How does one establish an easement for parking in the UK? It's an area the size of 5 cars opposite my house where I've regularly parked (not everyday in the week but at least one day per week) over ...
4 votes
1 answer
2k views

Hunting rights to land but do not own the land

If a person inherits the hunting rights that are deeded and recorded, can the land owner force one to give the hunting rights back to him just because he wants to sell the land?
2 votes
1 answer
564 views

How could an "unknown easement" exist on a property?

I read in a list of potential property title defects that there could be an "unknown easement" (#7 in the list). How could there be an unknown easement? I thought all easements must be recorded on ...
1 vote
2 answers
203 views

Is a profit à prendre identical to "mineral rights", or is there some difference?

Is a profit à prendre identical to "mineral rights", or is there some difference? My impression is that "mineral rights" is just a slang term for what is called profit à prendre in formal law, but I ...
3 votes
2 answers
336 views

Bar Exam Question: Easements

Here's the question: Frank owned two adjacent parcels, Blackacre and Whiteacre. Blackacre fronts on a poor unpaved public road, while Whiteacre fronts on Route 20, a paved major highway. Fifteen ...
1 vote
2 answers
231 views

Easement for safety reasons

I am looking at leasing a commercial property, but one problem with it is that it has two parking lots, front and rear and the only way to get to the rear lot is by a very narrow passage that is about ...