Category: Easements

Because we’ve lived in the house (for 12 years) and maintained the retaining wall before and after it was rebuilt, and paid entirely for the reconstruction of the wall, does this give us a right to a prescriptive easement (i.e. right to own the wall completely) overriding the neighbor’s survey, which they claim gives them exclusive ownership rights? Would mediation/arbitration be a better, less expensive way to go? Read More …

The electric and cable companies apparently have an easement on our property although I am unable to find proof of this in our deed and abstract. We do not subscribe to cable and our electric is fed to the property from another line (not on our property) have asked the companies to please fix the cables/wires that they are encroaching on my ability to use my own property and it poses a safety risk. What can I do? Read More …

Recently there has been a change of ownership on one of the properties. The new owner has a teenage son. The parents leave town often and leave the son alone. While the parents are away the son has been throwing parties where there is teenage drinking. We are concerned that at some point one of these underage drunk children will cause and/or have an accident that will result in death or injury while crossing our property. Can we be held liable if something like this should occur? Other than calling law enforcement to alert them to the party is there any thing else we can do to protect ourselves? Read More …

As a small Home Owners Association in Washington state, we have a plated 60 foot access & egress easement which has existed for over 20 years. The easement in question passes across a tiny segment of the 5 acres of a single member’s property but they are exceedingly resistant to expanding the margin of the easement though the expansion will be into a completely unused area of their property and out of sight and will fully address their and our membership’s concerns of liability/risk. Given the facts above, within reason, and without damaging in any way the associate member’s property or its value does our Homeowner’s association have a right to demand the expansion of the easement margin? Read More …

I purchased a narrow lot two houses from my house in 2005. My neighbor whose house next to my narrow lot bought his house in 1998. He constructed sliding iron front gates on track in front of his house sometime after which I am not sure. But it is very likely that was more than 5 years ago. About 8-10 feet of the track is on my property(I have a survey done). Now my question is would it still work if I give notice of permission for him to continue to use it to park his cars in order to prevent a potential claim of prescriptive easement? Read More …

This family has settled this land 100 years ago. At the turn of the century loggers started this road to reach the top of this ridge which crossed thier land as will as someone elses. When the second generation owner sold 30 acres next to this 500 feet she recorded an easement back in 1968. So that they could still use this pathway. Now the current owner of the 30 acres complained to the forest service and the have recently de-constructed the pathway, and put up concrete barriers. The question is does the national forest have to recognize perscriptive easements? Read More …

A piece of land I am thinking of buying is land locked but has a deeded Right of way that is 10ft wide and 50 feet long in PA. Can I pave or lay gravel down on this section to help my vehicle get thru. Read More …

I Live on a Busy Street and my Neighbor with Easement Access Leaves my Gate Unlocked and Open, What can I do? Read More …

My neighbor wants an easement on my property for his proposed sewer line. We will be selling our property within the next nine months. Are there any legal, physical or real estate sales issues if we grant the easement? What is the value of this easement? Read More …

The owners of the land over which our easement runs is in the process of having a home built on the second parcel and one of the conditions of their building permit is that they must run sewer lines back to the house (we are on septic) and the only place where the sewer lines can run is up the middle of the 150′ easement road. The builders informed us that when the sewer company puts in the sewer, that we will not have access to our property for three days. The sewer installers have further said that they will not put down the steel plates common to such an installation as the expense is too great. Can the owner of the easement and/or their contractors deny us access during this process? Read More …