http://www.expertlaw.com/forums/ Issues including the law of easements, profits, licenses, prescriptive easements, and rights of way. en Sun, 26 May 2013 06:15:34 GMT vBulletin 60 http://www.expertlaw.com/forums/images/misc/rss.png http://www.expertlaw.com/forums/ http://www.expertlaw.com/forums/showthread.php?t=158933&goto=newpost Fri, 24 May 2013 20:28:14 GMT My question involves an easement in the state of: Michigan BACKGROUND: There are four deeded properties involved. Three mutually adjacent water... My question involves an easement in the state of: Michigan BACKGROUND: There are four deeded properties involved. Three mutually adjacent water residential properties and one "common boundary property" to gain access to the main highway road. I own the middle property and the common boundary property access. Properties where all developed with houses by "the three amigos". The three amigos agreed on the use of a single common access road rather than going with three separate very long roads (800 feet thru woods) per the legal easement description found on each deed for each of the three properties. This road was done in the circa 1960s and remains unchanged. The three amigos are all dead and buried and not speaking. The new owners; the good; the bad and the ugly all get along until... My neighbor, the GOOD ; and good friend has passed leaving the property to eight (8) highly disconnected children. I know them all. They range from normal tax paying citizens to full blown nut cases. They are selling the property now. I , the BAD , made an offer and among the conditions of offer cited that there is a legal issue with the road but if I bought it there would be no problem. They have turned down my offer and started an internal fight with endless arguments amongst themselves. I have a spy inside the coven of 8. There are threats of "chaining" the single access road thru the woods from one of the coven of 8. I have in the past at the request of the GOOD contracted to have the common road graded/graveled with the concurrence and equal share payment from the UGLY. We share the cost equally and not by distance traveled. No one has ever told me that I have their permission ( the GOOD) to cut across their property in the 22 years of ownership. I have told the UGLY that he may cut across my property on this common road driveway when he bought about 21 years ago. Do I have any legal basis to continue the use of this access if a new owner arrives and asks me to cut my own road? If chained do I call the police and get a formal written report by the witnessing officer of being prohibited access even if the chain is not on my property. Does the new owner have to share the costs involve in two new roads being cut thru heavy woods? Do I take legal action now before the property is sold?? The BAD ]]> Easement and Right of Way Law maddog http://www.expertlaw.com/forums/showthread.php?t=158933 http://www.expertlaw.com/forums/showthread.php?t=158877&goto=newpost Thu, 23 May 2013 15:47:35 GMT My question involves an easement in the state of: Florida I closed on a home last year that is on the beach in Florida. Some months post closing a... My question involves an easement in the state of: Florida
I closed on a home last year that is on the beach in Florida. Some months post closing a neighbor informed us that he had a pedestrian easement to access the beach. We discovered a 3-foot easement had been recorded in 1999 giving him and subsequent owners of his property beach access. This was not disclosed to us on the deed or survey. The property has been fenced and landscaped by previous owners so that the actual easement has been blocked for years. The neighbor just enters the property through the gate, walks across our deck, through the middle of the yard, and exits a beachside gate. In other words, he has not used his easement as legally described for at least the past 8 years. There are two other public beach access points close to his home. He has offered to sell the easement to me at an outrageous price. My question is: If I construct a wooden fence parallel to the existing fence to give him his easement lane who is responsible for clearing the trees, shrubs, etc. that have been in place for years. It would also require us to take 3 feet off of the existing deck. This guy comes and goes like he has an easement across any part of my property and our privacy and security is compromised. Any feedback appreciated. ]]> Easement and Right of Way Law broelam http://www.expertlaw.com/forums/showthread.php?t=158877 http://www.expertlaw.com/forums/showthread.php?t=158824&goto=newpost Wed, 22 May 2013 17:40:54 GMT My question involves an easement in the state of:Michigan I have a lake front home in Michigan. There is a 20 foot easement for access to and from... My question involves an easement in the state of:Michigan
I have a lake front home in Michigan. There is a 20 foot easement for access to and from the lake. In When I bought the property in 1985 and build in 1986 I put in a sea wall . Then in 2006 I had to replace the sea wall and got a permit from the DEQ .
Now come the person that owns the house that he rents that has the easement and now 27 years after I put in the sea wall he clams there is a "unlawful obstruction" to access the lake and he wants me to that it down or modified it back the "historic access to the water" (take it out) Is this some thing I may have to do? ]]> Easement and Right of Way Law Light53 http://www.expertlaw.com/forums/showthread.php?t=158824 http://www.expertlaw.com/forums/showthread.php?t=158745&goto=newpost Tue, 21 May 2013 16:08:06 GMT My question involves an easement in the state of: CA My parents use a right of way to cross a property to get to their own driveway. The right... My question involves an easement in the state of: CA

My parents use a right of way to cross a property to get to their own driveway. The right of way is written to be 25' wide in a straight line across the whole property of their neighbor. It crosses at the very edge of of their neighbor's property, with the first portion of the right of way being used by both parties to lead to the neighbor's driveway and then continuing on to my parents driveway. It is written in the deed "A right of way (not to be exclusive) for use as a roadway for vehicles of all kinds, pedestrians and animals, for water, gas, oil, and sewer pipe lines and for telephone, electric light and power lines." The end of the right of way is a dead end at fences and property lines of other houses (the back yards) that have access to their houses via another street in the front of the houses, so this portion is only used by these two parties.

I have a few questions regarding this situation.

1) Can either the owner of the property or my parents who have use of the right of way park a vehicle in the 25' section? When the owners of the right of way park there, there is room for my parents to get out, but it is quite inconvenient. When my parents park there, the neighbors complain.
2) Can the owners of the land plant trees or bushes in that space? There is still enough room for a large vehicle to get by.
3) Can the owners put large rocks in that space? There is still enough room for a large vehicle to get by on the easement.
4) Who is responsible for weeding or mowing and maintaining the right of way area.
5) If the area was to be paved or something similar who is responsible for payment and would both parties have to agree?




This very rough drawing (not to scale) is sort of how it looks. Top left portion is neighbors driveway above that is their house. The rectangle (left to right) is the right of way. ~ is the currently used route to my parents driveway. Bottom portion is my parents driveway. Below that is their house.



l l
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__________________________________________________ __________
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_________________________________________________~ ~~~~~~_l
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Thank you,

- - - Updated - - -

Ok so my drawing didn't work out exactly as I had planned, sorry. The bottom driveway should be on the right side with an angle towards the left. ]]> Easement and Right of Way Law Bobby J http://www.expertlaw.com/forums/showthread.php?t=158745 http://www.expertlaw.com/forums/showthread.php?t=158685&goto=newpost Mon, 20 May 2013 17:04:11 GMT My question involves an easement in the state of: Ohio

There is a 5' utility easment shown on my sub-division plat on all sides, there is nothing on my deed. I want to install a fence into this easement on my property. The subdivision plat was made and all the lots sold back in 1975. Are the utility companies the only ones who can enforce the easement? If I get their permission to put this fence on the easement can anyone else take action to try to force me to remove it, such as a neighbor?

Thank You
Frank ]]> Easement and Right of Way Law FrankM http://www.expertlaw.com/forums/showthread.php?t=158685 http://www.expertlaw.com/forums/showthread.php?t=158684&goto=newpost Mon, 20 May 2013 16:59:39 GMT My question involves an easement in the state of: VA. A gravel road runs from the street past my home to the neighbors behind me. We use the road... My question involves an easement in the state of: VA.
A gravel road runs from the street past my home to the neighbors behind me. We use the road as a driveway to access the rear of our home... The neighbors have a non-exclusive Deeded ROW for the entire road..... The Deed specifically states that the owners of the ROW are responsible for maintenance of the road.

Questions:
(1) gravel is needed for the road... The neighbors (owners) refuse to purchase gravel... They tell us that since we use a portion of the road as a driveway we should contribute to its upkeep. (Portion of ROW we use is about 100feet...entire road is a out 1/4 mile). If they refuse to maintain the road what are our legal options?

(2) a small stream/creek runs thru our property and under the ROW... We have been trying to keep silt from the road runoff from the stream... One of the ROW owners has dug a small channel on the road to allow rainwater to drain into the stream.... We have asked them to stop, but they refuse and tell us they own the road and can divert water onto our property to prevent damage to the road. Are they within their rights as owners of the ROW to divert runoff onto our property (into the stream AND onto our fields)? If we attempt any urgent maintenance are we then by default assuming maintenance responsibility?

THANK YOU ]]> Easement and Right of Way Law gfbsearch http://www.expertlaw.com/forums/showthread.php?t=158684 http://www.expertlaw.com/forums/showthread.php?t=158647&goto=newpost Sun, 19 May 2013 21:51:19 GMT We are looking at a house (lot 6) in Massachusetts that includes 6 homes (1-6, each ~1 acre, in an association) and a single shared dock at the... We are looking at a house (lot 6) in Massachusetts that includes 6 homes (1-6, each ~1 acre, in an association) and a single shared dock at the bottom of lot 1.
Imagine a square parcel with 6 homes at the top (on a road), water at the bottom, Lot 6 is top left of parcel, dock is bottom right of parcel.
The parcel plot plan shows two easements: 1) a long path along the road to lot 1 and down lot 1 to the dock. 2) A short one that cuts across all the properties.
The deed only mentions the long easement.
The owner says not to worry since he and the neighbors have all been using the other path (2) for 20 plus years. It is a well defined path.

Is this a concern? What would be the correct legal action. Is creating a legal easement across 5 properties a big deal (assuming all property owners are ok with it). What would be the rough cost?

Thanks for any help
Stephen ]]> Easement and Right of Way Law srej http://www.expertlaw.com/forums/showthread.php?t=158647 http://www.expertlaw.com/forums/showthread.php?t=158638&goto=newpost Sun, 19 May 2013 19:08:16 GMT My question involves an easement in the state of Massachusetts. We have a right of way easement to pass over a small section of our driveway owned... My question involves an easement in the state of Massachusetts. We have a right of way easement to pass over a small section of our driveway owned by new neighbors. There's also a section of land that is part of our driveway (500 square fee) that is registered land that is owned by about 200 descendents. We have an informal document from some of these descendents to use this land to put in our sewer line and to tar over. New neighbors have moved in that own a small section of this driveway that has the right to passover easement that is part of our driveway and have informed us that they are thinking of putting up a basketball hoop and that their kids will be playing in this right to pass over area of our driveway. I am very concerned about the safety of these kids and also they will be running after balls on our land and the other neighbors land. Do they have the right to play in the section of the driveway that is their land but with a right to pass-over easement? Only a small section of the land that they would be playing in is actually their land (with the right to pass-over easement). Most of the land is actually the 500 square fee of land not belong to either of use. I really want to stay friendly with the new neighbors and don't want any legal hassles but I would like to know what is right and fair. Thank you. ]]> Easement and Right of Way Law Neighbor19 http://www.expertlaw.com/forums/showthread.php?t=158638 http://www.expertlaw.com/forums/showthread.php?t=158483&goto=newpost Wed, 15 May 2013 23:28:29 GMT My question involves an easement in the state of: MO I bought a house in Mo. in 2007, When I bought it there was a title check done and no easements... My question involves an easement in the state of: MO
I bought a house in Mo. in 2007, When I bought it there was a title check done and no easements were recorded. Apparently the previous owner signed an easment agreement in 2003 that was not filed. Today, I have 6 pieces of heavy equipment come down my driveway which is 1/2 mile long, and start trimming and cutting down trees. I didn't think too much about it till they cut down 2 60ft white pine trees in my front yard that were 50 years old. I stopped them and questioned what they were doing, and they said "Right of way maintenance". I called the power company and they said they don't file above ground right of ways. Not only that but they told me they had the right to trim and cut an"leave lay" which they explained meant they didn't have to clean-up the mess they made. They not only ruined my 2 large pines, other trees they cut, they threw into a live water stream that runs behind my house on my property, and the ones they cut down in my pastures they ran over with a 10ft bush hog and sprayed large branches for 30ft across my pastures that I have to cut. Do I have no rights as a property owner with no easement on record that was recorded? ]]> Easement and Right of Way Law DENNIS417 http://www.expertlaw.com/forums/showthread.php?t=158483 http://www.expertlaw.com/forums/showthread.php?t=158320&goto=newpost Sun, 12 May 2013 03:43:09 GMT My question involves an easement in the state of: FL. Our property is in an agricultural area and all properties in the area extend to the center of... My question involves an easement in the state of: FL.
Our property is in an agricultural area and all properties in the area extend to the center of the roads - both paved and dirt & are considered egress easments.
The established, zoned utility easements are located parallel to these roads above the culverts and paths in front of the property. There are no under ground easements.
Obviously, if the home or other buildings are farther back, lines must stretch from roadside poles over to building set back on the property.
Local utilities began last year placing U poles beyond the established easement area to between properties. They did properly apply to the local
district for this change and properly noticed landowners only in order to get permission to get past gated properties.
The next move was not approved and utilities began trespassing on properties that were gated but unlocked to bury cables diagonally from the established easement to the building without permission. When I came home to discover this on my homestead, I demanded by certified letter that each utility remove the underground installation as it was a trespass and demanded they rehang along the easement lines. One utility strung the line in the same diagonal but above the property. My initial concern was my future ability to build or place anything in that corner (the diagonal ground cut covered nearly a quarter acre.) as well as the resale value. Since then my property is always locked but I wonder if I have effectively protected my rights. I also wonder if our local district had the right to give a new added easement on our properties to the utilities without a formal referendum first. ]]> Easement and Right of Way Law legalneegle http://www.expertlaw.com/forums/showthread.php?t=158320 http://www.expertlaw.com/forums/showthread.php?t=158292&goto=newpost Sat, 11 May 2013 09:08:19 GMT My question involves a right of way in the state of: PA I have a culvert at the end of my driveway covered by a concrete driveway, it was like... My question involves a right of way in the state of: PA

I have a culvert at the end of my driveway covered by a concrete driveway, it was like this when I purchased the property. The culvert is very old 1950's it's a very large pipe. Over time with the utility companies & their large trucks driving over it as well as Penn dot when doing road work they do a turn around with it. So now the concrete is cracking & I'm leary of the culvert breaking or being smashed in. Weed's and mud are stopping the water flow. This affects my neighbors property also because we live on the downslope of the road, in the winter from this an ice puddle is out on the road.

I have tried to clean this out but I cannot get way into the culvert.

I had talked to our Rep. who did contact Penndot to clean this out. The supervisor called me and told me it was my responsibility, I had mentioned about the ice on the road in the winter, he say's its my responsibility, they did some light digging on my neighbors property for drainage there and a little on my side. I asked why they cannot use weed killer but then again was told they could not do that. The supervisor said maybe in summer when they do the work here they can do something.

In the meantime the utility companies can drive their large trucks over it or let there trucks sit there. Once they drove over the property to the pole and got stuck in the mud, thankfully they filled it in and put grass seed down.

If the utility companies are doing the damage why is this my responsibility?

I cannot operate a large auger, if the water force was running thru correct it would flush it out on it's own but whoever put the culvert in wasn't thinking right and not taking into consideration the downhill runoff of water.

Would this be on my deed? or if Penndot put this is in the first place where can I find the information.

Thanks in advance & thanks mrknowitall for answering my last question ]]> Easement and Right of Way Law countryside http://www.expertlaw.com/forums/showthread.php?t=158292 http://www.expertlaw.com/forums/showthread.php?t=158205&goto=newpost Thu, 09 May 2013 01:43:58 GMT My question involves an easement in the state of MASS. THE LAST 25 FT OF MY BACK YARD IS A DRAINAGE EASEMENT , I WOULD LIKE TO PUT UP A FENCE... My question involves an easement in the state of MASS.


THE LAST 25 FT OF MY BACK YARD IS A DRAINAGE EASEMENT , I WOULD LIKE TO PUT UP A FENCE AND PLACE A SHED IN THE FAR CORNNER OF MY LOT, MY DEED READS: : subject to the perpetual right and easement of *** land company, its successors and assigns, to use that partion of lot 17 inclusive lying within the area labled untility easement on the plan referred to above for the installation, maintance, replacement and removal of any utility lines and for the drainage of surface water and the further perpetual right and easement from time to time to pass and repass over. grantee by acceptance of this deed agrees that the grantee shall do no act that would prevent a party entitled from excercising such rights in and to the easement are including but not limted to filling in any drainage swale or construction of any structure upon the easement:THE SHED WOULD NOT BE CONSTRUCTED UPON THE EASEMENT BUT PLACED THERE AND WOULD REMOVABLE , AND I WOULDNT LIMIT ANYBODY FROM EVER HAVING TO EXCERCISE THERE RIGHTS IN THE EASMENT. I BELIVE IN MASS. EASEMENT LAW STATES I WOULD HAVE TO BE GIVEN NOTICE IF WORK WAS GOING TO BE DONE TO THE EASEMENT . WOULD BE PLENTY OF TIME TO MOVE THE SHED AND REMOVALE A FEW PANELS OF FENCE... LET ME KNOW WHAT EVERYBODY THINKS...THX

-CHRIS ]]> Easement and Right of Way Law frchris http://www.expertlaw.com/forums/showthread.php?t=158205 http://www.expertlaw.com/forums/showthread.php?t=158170&goto=newpost Wed, 08 May 2013 06:11:44 GMT My question involves an easement in the state of: Washington

On south side of my property, there is an 20' wide non-exclusive easement for my neighbor to ingress/egress, maintain, repair, construct or destruct a paved road. My neighbor is going to develop a new building in his lot. So he wants to build a road within easement now. Here are the questions:

- There are several tress within easement. They belong to me. Does my neighbor have the right to cut the trees to make the road? The trees in the middle of the road and have to be removed for vehicle to pass. If tree will be removed, who should pay the cost?

- My neighbor will pave a 10'-15' wide road within easement. Do I have the right to ask him to build road along property boundary ( south in my case)?

- Does my neighbor have right to plant some flowers or trees on the two sides of the road, within easement? If he does it, what can I do ( assume negotiation doesn't function)?

Thanks ]]> Easement and Right of Way Law richardander http://www.expertlaw.com/forums/showthread.php?t=158170 http://www.expertlaw.com/forums/showthread.php?t=158155&goto=newpost Wed, 08 May 2013 00:12:41 GMT My question involves an easement in the state of:Florida I have posted before about my easement dispute and still having problems. A neighbor that... My question involves an easement in the state of:Florida
I have posted before about my easement dispute and still having problems. A neighbor that has use of an ingress/egress easement recently decided to disc up the easement claiming he was fixing the ruts in the road. The said easement is/was grassed over two path road around the edge of my property and my families property that I farm. There was nothing wrong with the road but now is a rough sandy mess that will get tore up now when I harvest my crops. I had an uncle come witness what he was doing. We currently have lawyers going back and forth but what should I ask my attorney to do about tearing up the road.
Another question I have is what does ingress/egress mean. The wife walks the easement with 3 big dogs and they come into my yard where my 3 children are playing. I said to her please keep out of my yard and she told me they're not hurting anything. So I said back don't be in my yard anymore. Her response was maybe I will maybe I won't. These are the same people that tried to have me trespassed for returning a tool that fell off their vehicle in the easement. I've had a belly full!!! ]]> Easement and Right of Way Law scottb1968 http://www.expertlaw.com/forums/showthread.php?t=158155 http://www.expertlaw.com/forums/showthread.php?t=158112&goto=newpost Mon, 06 May 2013 23:29:44 GMT My question involves real estate located in the State of: My question involves real estate located in the State of:North Carolina. There is an... My question involves real estate located in the State of: My question involves real estate located in the State of:North Carolina. There is an easement that runs through my fathers property. The issues are that it is on a DIRT road and neighbors (in there free time that they have a lot of)ride ATVs up and down. Lately they have been going off the easement more so than usual and are trespassing in the woods. The easement is only 15' in width. The land was sold by my great grandfather some time ago and has since been subdivided several more times. The county allowed the land to be subdivided. This in itself has proven to be an overburden on an easement that is seldom e maintained. My question is; is there a minimum easement width in NC. If so where can I find it or can I hold true to the agreement written way back when in the DEED of 15'? Though the easement is wider than the 15' prescribed the us has not been "exclusive" by any one household ie my father and myself ride back there from time to time. So I don't think there is an issue of adverse possession. Also could I install a guard rail or reflective post or fence along both sides of the 400' easement? ]]> Easement and Right of Way Law Malinois http://www.expertlaw.com/forums/showthread.php?t=158112