September 2009

Monthly Archive

My Association Discontinued Snow Removal on a Utility Easement, What Should we do?

Summary

At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed). Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?”

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 regarding utility easements, access and maintenance. We have a utility easement in my neighborhood that runs betweeen two lots. At some point in time a previous lot owner cleared a path along this easement and now it is used by the neighborhood as a road. Our association has notified the current property owners that they will no longer provide snow removal as this is private property and not an established road (county assessor confirmed), This has become a liability issue for the association clearing private property. The current property owners state that it is a road with a name and as such needs to have snow service as they have had in years past.

Now, if the county assessors records show there is no established road and only two lots with a utility easement then can the current property owners claim a grandfather clause and demand continued snow service as they have received in previous years?”

It’s possible that there is a public easement by prescription, if the public has used this road for the requisite period of time. However, even if that were true, I don’t think it would entitle the road to snow service. You would have to look at your Association’s documents to determine the extent of their snow service obligations, then see if the situation in this road falls under those rules.

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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 Daughter Turns 18 After She Graduates High School, How Long Do I Need to Pay Child Support?

Summary

I pay NC child support for my daughter who graduates NC high school in January 2010. She does not turn 18 until August 2010. What are my obligations toward NC child support payments in this case?

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 pay NC child support for my daughter who graduates NC high school in January 2010. She does not turn 18 until August 2010. What are my obligations toward NC child support payments in this case?”

Typically, in most states, the statutory requirement for child support is that the payor must pay until whichever of the following events happens *last*: the child graduates high school; the child turns 18; or the child turns 19 and still has not completed high school. Your own particular circumstance will be governed first by whatever is in your child support order and, if your order is silent asHere is my question for DearEsq.’s Ask the Lawyer: I pay NC child support for my daughter who graduates NC high school in January 2010. She does not turn 18 until August 2010. What are my obligations toward NC child support payments in this case? Typically, in most states, the statutory requirement for child support is that the payor must pay until whichever of the following events happens *last*: the child graduates high school; the child turns 18; or the child turns 19 and still has not completed high school. Your own particular circumstance will be governed first by whatever is in your child support order and, if your order is silent as to the terminating event, whatever North Carolina law says. Your local JAG should be able to help you determine when you can stop paying. to the terminating event, whatever North Carolina law says. Your local JAG should be able to help you determine when you can stop paying.

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