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Questions tagged [easement]

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0 votes
0 answers
50 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 ...
Ernie B's user avatar
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 ...
interfect's user avatar
  • 3,511
4 votes
0 answers
154 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 ...
Usas's user avatar
  • 41
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 ...
Sarah's user avatar
  • 89
1 vote
1 answer
450 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 ...
Digital fire's user avatar
  • 5,519
1 vote
1 answer
844 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 ...
LuminousNutria's user avatar
3 votes
1 answer
315 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 ...
LuminousNutria's user avatar
1 vote
1 answer
296 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. ...
HenryM's user avatar
  • 205
1 vote
1 answer
244 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, ...
maplemale's user avatar
  • 355
4 votes
0 answers
380 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 ...
user avatar
0 votes
1 answer
353 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 ...
Kyle Parsons's user avatar
3 votes
1 answer
255 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 ...
Cicero's user avatar
  • 6,998
3 votes
2 answers
162 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 ...
dwalker's user avatar
  • 31
1 vote
1 answer
58 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 ...
Jacob L Banovich's user avatar
3 votes
2 answers
5k 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 ...
Kimberly Curls's user avatar

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