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  1. Easement Use and Enforcement: Re: New Owner of Servient Estate is Preventing Easement Owner from Fencing and Gating

    If you have documented and can prove they did all of this either file a police report and get an attorney and sue. From your post, it makes me think you need to get their attention.
    If they have...
  2. Creation of an Easement: Re: Easements

    You should also consider that once the easement is granted for access, the next thing will be someone wanting power. Guess where the power company will want to go. Along side the easement. Your...
  3. Creation of an Easement: Re: Demand for Prescriptive Easements from Neighbours

    I would try to argue that their use was permissive.
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    Creation of an Easement: Re: Forced Easement

    Is your property the best place for this access? Are they offering to pay you? I would not be listening to their lawyer. He is not there to help you. He is their lawyer. Read it again. Get your...
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    Easement Use and Enforcement: Re: Michigan "Landlock" Law

    Go hire a lawyer. When you win, also ask for attorneys fees. Hire an expensive one. Don't settle and file a counter suit incase he drops his against you.
  6. Creation of an Easement: Re: Selling a Transmission Line Easement Over My Land

    Remember, when they pay you (out of court) its income. They will ask for your social security number. If they are using federal funds they are suppose to show you their appraisal. They won't let...
  7. Easement Use and Enforcement: Re: Easementsproperty Owner Attempting to Trespass Water Utility Personel from Easeme

    Don't forget you legal bills, attorney fees. She should be liable for those as well. I would have some sort of security there when you work on the property. I have seen landowners placed in a jail...
  8. Easement Use and Enforcement: Re: HOA Wants to Install Manual Gate on My Right-Of-Way

    If they don't have the right (legal) right to install on your property, tell them NO. Get a restraining order if you have to.
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    Creation of an Easement: Re: Hidden Costs for Utility Easements

    It's their form. Read it carefully. Is your neighbor going to have the electric line go underground when it gets to his property? Remember, its not just for electricity. Telephone, Cable, Fiber...
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    Creation of an Easement: Re: How to Prevent a Prescriptive Easement

    I would either lease him that part for 1.00 a year, or do a permit allowing his use. You can always tell him to stop using it and see what happens next.
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    Maintenance and Repair: Re: Easement Destroyed by Owner Logging

    Take lots of pictures and when you talk with your neighbor take a witness.
  12. Easement Use and Enforcement: Re: Can Easement Be Legally Granted if Neighbor Has Other Ingress/Egress Options

    Your neighbor may not have the money to do what you want. If you want to build a fence on your land do it. Make sure it goes on your land. I would put up a camera to keep an eye on the backyard. ...
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    Easement Use and Enforcement: Re: Removal of Structure on Utility Easement

    If the utility has allowed the structure to stay, remain on their easement for a period of 21 or more years (in some states) they may very well have to pay the landowner for the structure and then...
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    Easement Use and Enforcement: Re: Texas Perpetual Easements

    I hope you have been taking pictures all along. You should get their attention soon. Keep us informed. Good luck.
  15. Easement Use and Enforcement: Re: New Neighbor Cuts Gate into Existing Fence to Gain Access to Utility Easment

    If the easement is for utilities, under what authority does the neighbor have to use that area? Just being an owner in the sub division doesn't give him that right. I would ask and then demand the...
  16. Creation of an Easement: Re: Can the County Remove My Water Well to Run a Sewer Line

    Most pipeline companies when they run into this get three bids to drill another well off of the right of way. The company then pays for the new well. Now, that is with a pipeline company, think...
  17. Maintenance and Repair: Re: Rights in a 50/50 Shared Driveway Maintenance

    I would explain to him that you will not be responsible for anything you have not agreed to before hand. And in writting. He needs to find someone else to support him. If he doesn't like that...
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    Easement Use and Enforcement: Re: Presriptive Right a Ways

    As far as I know, there isn't a prescriptive easement until a Judge says there is. They can claim all they want. Might want to check that out with someone in your state.
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    Termination of an Easement: Re: Can I Re-Negotiate a 1956 High Voltage Utilty Easment for More Compensation

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    They actually have a fiber optic cable hidden in a nutual or a ground wire.
    why would they even bother and...
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    Termination of an Easement: Re: Can I Re-Negotiate a 1956 High Voltage Utilty Easment for More Compensation

    In my experience of 25 plus years of dealing with utility easements I have not seen electric easements where the landowner gets paid anything but a one time payment. If you found the area being used...
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    Easement Use and Enforcement: Re: Easement on Property Recently Purchased

    Since your neighbor wants to spend his money on lawyers to rattle your cage. Let him. Keep the letter and easement document to yourself and just tell them to pound sand. You will know when its...
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    Easement Use and Enforcement: Re: Easement on Property Recently Purchased

    Get a copy of the easement document and read it. I would think that as long as they can access the garage by car and on foot- that the gates or doors aren't locked, and if locked you have provided a...
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    Maintenance and Repair: Re: Excessive Tree Removal from Easement

    First things first. Find the easement document and determine the width. Then locate the trees. Most utility easement documents give the utility the right to cut and clear and keep clear all trees...
  24. Creation of an Easement: Re: Water Utility Wants an Easement for a Pumping Station

    Well said and written LandSurveyor.
    Regarding the lease question- They will not accept a lease arrangement unless it's for 99 years or so, even then, if it had any future rights at all in it could...
  25. Creation of an Easement: Re: Water Utility Wants an Easement for a Pumping Station

    I think the appraisals are just part of the game. We don't have a willing seller here. The appraisal sets a price and believe me the utility will gladly pay 5, 10, or 20% more than the appraisal. ...
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