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The county claims it is private so they are not going to pave it, but on the other hand says we can’t keep the public from using it. There are paved accesses available to the school. Can we close our road to through traffic? What can we do?
We own property that has an exclusive right of way to the both of us only. Can we still sell this property?
We just bought 2.5 acres and the deed shows there is a right-of-way that is personal to one person, but the person’s family thinks the right-of-way is for the whole family (not just personal to the grandmother). The grandmother has now leased her land to her family and believes the they are now allowed to legally use the right-of-way under the new signed lease. Is this correct? Can a lease re-assign a right-of-way to another party without asking permission from the easement’s owner? Thanks.
On the east side of my property there is a private road that an easement was given to the city and the road was given a name by the city. The private road goes to the two neighbors that are up the hill to the north of me. Both owners of the land to the north of me gave the city of Oklahoma an easement for the private road in 1992. They had to do this for one of the neighbors to be allowed to build the their house, or their land would be ‘landlocked’. The east side of my property joins a portion of the ‘private road easement’ given to the city. There is a portion of my property that can only be accessed by going down the road and we have been using the road since 1992. One of the neighbors up the hill to the north of me has decided to restrict the use of the road to just him and the other neighbor that is up the hill. I can’t get to the part of my property that has my barn and part of the fenced pasture. I was hoping that since the city of Oklahoma owns the easement and gave the private road a name, that any property that joins the city easement could be used by the owners of property that joins the easement. Since the easement was given to the City of Oklahoma, can the city give me ‘use rights’ of the easement to get to my property so I don’t have to take legal action? I really don’t have the money and if I take legal action against one of the owners I have to include both of them and I really don’t want to. I know that Oklahoma has laws that say if you have use the property for 15+ years, you can be given permanent access—but again that requires a real estate attorney and going to court, which is 15368$ to make this happen.
I am one of a group of property owners that owns land dominant to another estate. We have used the same road to access our land for over 30 years. It is currently 1.3 miles across this servient property and we maintain it ourselves. The owners of the servient property now want to change the location of the road and make it go way around the back of their property, increasing the distance to 3.5 miles. They are bearing the cost of construction of this new road. This is all dirt road and these owners say that we will be responsible for maintaining it.
There’s an irrigation easement between my backyard and my rear neighbors backyard that ends at the edge of our property and leads nowhere else due to other houses blocking it. It is there because we had water rights which we had to relinquish in order to obtain city water. No water has ran through it in over 15 years and it is surrounded by peoples backyards with no access to it unless you enter through our property.
I am a homeowner. My property has a transformer unit/box on my ground property. On June 2, 2012 an unknown auto hit the box and caused a power outage. The outage was repaired and now the utility company is billing me for the damages because the transformer is on my property. Can they hold me liable to it if it was not me or any family member who caused the damage? The person who did the damage is unknown because it happened overnight while the entire street was asleep.
What steps do I have to take to stop my neighbor from using our private driveway? My neighbors next to us pull into their driveway to enter their premisses but use our driveway to enter the main road. They have at times even pulled into our driveway to be able to go to the back of their house. We have asked them many times to stop doing this because we are afraid one day that we might have an accident. When they use our driveway, they fly out their very fast so we don’t see them using it.
We live in New Jersey and have a 40-foot deeded necessary easement type right-of-way through a neighbor’s property. Lately he has begun parking large tractor-trailer size vehicles for long periods of time to one side of the easement. Although it’s an eyesore, it doesn’t impede our ability to get to our home as our driveway is much narrower than 40 feet. Is this permitted by law, and if so, will it have any effect on the conditions of the easement?
Our HOA’s common area is subject to an equestrian easement. The city wants to use the easement and build a 10 feet wide bike trail. This would require that many of the trees on that part of the property to be cut down. We are afraid that this will cause a reduction in our property value. Is there any way we can fight the easement? We are located in Goleta, County of Santa Barbara, California.