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  1. Fences and Walls: Re: My Back Neighbor is Adjoining to Fence but There is a 10' Utility Easement Betwee

    If I'm reading you right, all of the properties in your subdivsion have built their fence up to the rear property line, or very close to it, and all of the properties in the adjoining subdivision...
  2. Easement Use and Enforcement: Re: Fencing Easement Area Until It's Terminated

    JK,
    It states: “The easement shall be for the purposes of landscaping, general recreation and uses associated with the use of the XXX Lot. No structures, except for the fencing hereinafter...
  3. Easement Use and Enforcement: Re: Fencing Easement Area Until It's Terminated

    If I'm reading what he wrote in the original post right, then only the owners of the XXX lot can build the fence. The land owner cannot build the fence or anything else.

    Stephen
  4. Maintenance and Repair: Re: Local Government Overreach

    You say that the town has an easement for repairs? That doesn't sound like a private road. In the southern states that I am familiar with the maintenance of a private road is borne collectively by...
  5. Easement Use and Enforcement: Re: Fencing Easement Area Until It's Terminated

    Yes, there are lawyers who would play it that way, unfortunately.

    But, as things stand right now, I would have to agree with their lawyer to the extent that you shouldn't interfere with their...
  6. Easement Use and Enforcement: Re: Fencing Easement Area Until It's Terminated

    Wow, that is an odd situation.

    I know nothing about OK law, but in the southern states that I am licensed in, yes, it is usually permissible to fence across easements, provided that a gate is put...
  7. Fences and Walls: Re: Neighbor Built a Structure on Our Property to Support His Falling Fence

    General answer, no, you cannot tear down his existing fence no matter it's condition. I'm saying that based on you statement that it is very close to the property line. For this discussion we'll...
  8. Easement Use and Enforcement: Re: What Constitutes "Abuse and Misuse" of Easement and What Are Legal Remedies

    No, you can't deny their use of the easement. As to your options to stop the abuse, on that you need to continue to consult with your attorney. He or she will by far be in the best position to advise...
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    Easement Use and Enforcement: Re: Trespassers on an Easement

    "I just want to live without having to deal with strange people coming down my driveway. Many thanks (: "

    As you can imagine I know nothing about Australia, but answering from a common sense...
  10. Creation of an Easement: Re: Driveway Encroachment in California - Prescriptive Easement Possible

    Then, yes you are pretty much at his mercy concerning the 1 foot of driveway. If he won't make nice with you and let you continue the permissive use then you may be back to cutting off the...
  11. Creation of an Easement: Re: Driveway Encroachment in California - Prescriptive Easement Possible

    You don't have any legal rights at all until the purchase is finalized, but I think you realize that.

    The issue here will hinge on whether the 1 foot of driveway was allowed to remain by...
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    Easement Use and Enforcement: Re: Easements and Right of Way

    I am unfamiliar with California's take on it, but in general land law, when you use a parcel of land and associated driveways as part of a lease or rental agreement you don't acquire any rights, no...
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    Trespass: Re: How Do I Handle Property Line Dispute

    Simply have your lot surveyed, which it sounds like you are doing. Also, from your term re-confirmation, it appears that you already have had your lot surveyed, which should include having the...
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    Easement Use and Enforcement: Re: Right of Way and Property Borders

    You may want to start with a boundary survey to determine the exact location of the easement. If the trees fall just outside of it then you are golden.

    If they fall somewhere on the line, then as...
  15. Maintenance and Repair: Re: Who is Responsible for Easement Maintenance

    It depends on the language that created the private road that you and the other residents use to get to and from your homes to the outside world. It is most likely an easement and everyone has equal...
  16. Easement Use and Enforcement: Re: Easements for Access to Neighbor's Property

    Well, I assume that there is an access easement for him to use to get to his parking area because that is what you titled this post, although you don't mention it anywhere else. If that is the case,...
  17. Fences and Walls: Re: A Wall,a Fence, a Hoa, a Pair of Neighbors

    Well, most of the people who post in this area are qualified to address one issue, that of whether the "fence/wall lay within his survey." I assume that you mean that neighbor claims the extended...
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    Re: Closing Off a Private Road

    It's a little hard to visualize exactly what you are saying, but, in general terms, no, they can not take over an access easement. It is for the benefit of all property owners, and no one owner can...
  19. Co-Ownership: Re: What Are My Rights As a Person Listed on a Deed

    No, he can not legally divest you of your interest in the property without your consent.

    If I understand you correctly, he has a quitclaim deed, probably that he wants you to sign, probably that...
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    Re: Graveling an Access Easement, Texas

    You are probably fine to do whatever you need to do, within reason, to use the access easement to fully enjoy your property. This day and age, a long strip of land used for access pretty much means...
  21. Adverse Possession: Re: Have a Deed, Paid Taxes, Clouded Title. Adverse Possesion

    Sorry, but you obviously need a lawyer in this case. Bite the bullet and pay the price. Make sure it is one that specializes in title issues.

    Stephen Calder, Land Surveyor, not a Lawyer
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    Adverse Possession: Re: Adverse Possession of a Home in Indiana

    Apologies to the board.

    Yesterday I read the question and read through the first page of discussion. I then hit Reply to Thread, not noticing there was a page two. I posted my above response, and...
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    Adverse Possession: Re: Adverse Possession of a Home in Indiana

    I thought that this had to do with that guy that was on the news in Texas (I think) who just found a more or less abandoned house and moved in. He filed some kind of BS document and is sort of...
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    Re: Alabama Easement and Trees

    Yes, Land Surveyor, we are essentially in agreement.

    I had a thought today that might be clarifying. I have seen many driveway easements in my time that allow access across one residence to a...
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    Re: Alabama Easement and Trees

    I mostly agree with Land Surveyor. I'm not sure if she has carte blanche use of the 40', however.

    Easements can only be used for their purpose. And said use has to be reasonable. The easement in...
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