July 2007

Monthly Archive

Am I Allowed to Landscape the Easement on my Property?

Summary

The Dominant tenant has a right to cross my backyard to access her own backyard. The easement is 6 feet wide. Am I allowed to develop this area of land at all (low wood deck, asphalt, concrete etc). I do not intend to impede her access at all.

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“I have a question relating to a “Right to Access” easement located on my property. The Dominant tenant has a right to cross my backyard to access her own backyard. The easement is 6 feet wide. Am I allowed to develop this area of land at all (low wood deck, asphalt, concrete etc). I do not intend to impede her access at all. I will be keeping whatever landscaping we are allowed to do at ground level. Thanks in advance.”

Check the easement document, first and foremost. Barring any specific language therein, the general rule is that you may make any use of your land that you like so long as it does not interfere with the easement owner’s use of the easement.

Keep in mind, of course, that your neighbor may disagree with you regarding what is an interference. You would do well to clear your plans with her before you spend a lot of money on landscaping that you later need to tear out.


A house attorney has answered this question. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.

 

My Husband had an Affair with a Woman who Claims he is the Father of her Son, As his Wife Can I Demand a Paternity Test?

I am married and have two children with my husband. We are now separated because of an affair my husband had with a girl that is now saying he is the father of her son. What can I do as his wife to demand a DNA test? Do i have that right?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“I am married and have two children with my husband. We are now separated because of an affair my husband had with a girl that is now saying he is the father of her son. What can I do ask his wife to demand a DNA test? Do i have that right?”

Not directly. You personally are not implicated in his paternity action and cannot demand a DNA test for the purpose of establishing he is the father of that child. In a dissolution of marriage case in a fault-divorce jurisdiction, it may be relevant to establishing adultery if he does not admit it. Under that circumstance, after discovery where you ask him to admit or deny extra-marital affairs, you might then seek a subpoena to draw blood from him and the child to prove his parentage. This may be too invasive of the child’s rights, and would certainly take longer than the 6 months waiting period to get a divorce n most states. Since you already apparently have proof he committed adultery, you may likely never be able to get that other child tested.

Other articles that may be helpful to you:

Can Someone be Forced to Take a DNA Test?
Can a Grandparent Demand a Paternity Test?
Can a Judge Rule Out a Paternity Test?

For more on this subject check out these categories: Family Law, Divorce, Paternity


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.