Category: Easements

For past few months, My neighbors (12 people) are now constantly using their basement door and my driveway as their main door, even their guest use it as a entrance door even though they have their front door and it is becoming extremely difficult to use my driveway where I park my cars(because of their constant presence, sitting in the driveway, children playing in the driveway etc), when I ask them to stop sitting or playing, they apologize, but keep repeating, them blocking my driveway with their cars is also becoming a problem. How to solve this problem, Is their a legal way? Can I stop them from using my driveway? Read More …

I live in the state of NY and I have a right of way on a piece of property from 1970. This was used for a turn around and a place for the kids to play. It is 50-100ft, we are at the end of a dead end street. The town just abandoned this piece for a neighbor to have a driveway to get to there new house. Can this be legally done? My right of way was also included with the deed given to the town when they took over the road in 1992. Read More …

Is a verbal easement legal and binding? We are planning on building a home with our frontage being on a private road that has five homes on it. We have a written easement with our neighbor right across from us. But we have had a verbal easement with our neighbor that sits at the start of the private road for about three years now. Dose a verbal easement eventually become legal or our we going to be having problems? Do we even need a written easement from him with us all ready having a easement to our frontage? Read More …

We live in a site built condominium association. We share a drainage/walkway easement with our next door neighbors according to our plat map which is what our township considers. A state park trail runs along the east side of our development. We have always invited the homes in the development to access the trail by walking through our yard. A few in the association now want to put a sidewalk through to make the walkway more official. Do we have to go by what the township says about where the easement is or by the Master Deed? Do we have to allow a sidewalk through our yards? Read More …

Does a Condo Association have the legal right to build a sidewalk on a walk-way easement? An easement was approved by the township to allow residents access to a public walking trail, this easement was defined as a 20ft area between two adjoining lots. Does a Condo Association have the right to make such improvements; even if the owners of the lots do not agree with this (assuming it properly approved by a majority of residents)? Read More …

I am buying a home on 1.34 acres of land and should be closing on it in about a month. The owner of another acre directly behind my land would like to sell the land to me the land is currently landlocked. What would I have to do to purchase this land? I’m assuming this means that I need to have an easement? If so, is this costly? Read More …

WE recently bought a 2nd home on the river. The property has a boat ramp on it. The latest Platte chart, only shows the outline of our property, no indication of a boat ramp. AND there are no easements recorded to date. BUT, everyone allows everyone to share… We’ve asked that they sign a waiver of liability in exchange for permission of using the ramp, since this is our 2nd home and we cannot maintain the ramp non-stop. We’ve been indirectly threatened that an easement by prescription will be placed on our ramp… What are our rights? Read More …

I own an undeveloped 5 ac parcel in California. Upon having it surveyed, I learned that my neighbor’s driveway falls as much as 20′ outside of the easement. The easement is 60′ (30′ of which is on my property) for a one lane gravel road. Can I insist the road be moved to regain my property? Is it my responsibility to rebuild it, or the responsibility of the neighbor? Read More …

I recently purchased 9 acres of land that has an easement attached to it. There is a 40 foot public road easement that was granted back in the 70’s on the property and has never been used. We want to build a new house on the property. The only access is a driveway tile installed right on this 40′ easement. We have been told that if we build there and use this drive as our access we could possibly be sued or the owner of the easement could put a lien on our property. Is this true? If we are not blocking his access in any way, are we not entitled to use this drive to get to our house? Read More …

My home is landlocked but has a road easement for access purposes. I know want to subdivide the property into 4 parcels. Do I need additional easements for all the new properties? Read More …