Category: Easements

I am a resident of Louisiana and have purchased a property with easement issues. This property was once part of a larger tract. The original landowner used the house and an area of land around the house as collateral for a building loan. There was an easement included that went from the road to the house. After this, the landowner dug a very large pond across the easement. He built a limestone driveway that went around the pond to get to the house. This was never stated to be a legal easement. Read More …

Our house was built in a development in the State of New York in 2008 that connected our road to another in the development. There is a 10′ drainage easement on the WEST side of the property (our side lot). Now, the Town wants to put SWALES through 4 feet of our front yard. Our question is: The Town has no drainage easement on the front of our property, I have thoroughly researched the Deed. Read More …

I live in Tiburon, CA. I own a swimming pool and have a legal easement, with my next-door neighbor, that his tenants can use the pool. If one of his tenants were injured, on my property where the pool is located, would I be legally responsible? Read More …

I have a house on a lake, and next to the lot is an easement. The people across the street say that the easement is a deeded easement and it is on all of their titles so they have a right to put a dock on the easement. I would not have a problem with that, except that the dock is only about half a foot away from my property line. Are they able to put the dock on the easement legally? Read More …

I’m trying to work out an exchange of easements with a neighbor who owns property on both sides of me. I need an easement across one of their properties in order to reach an otherwise inaccessible part of my property, and they want an easement across my property to get from one to the other of theirs. Read More …

My deed states that the nonexclusive right of way, which is the driveway to my property was bought, paid for and is transferred with the property to future owners. My question: Do I have to share the driveway with the property owner? The property adjoining the driveway was bought by another person who lays claim to the driveway, or right of way, of access. Do I have to maintain the road at my total expense if other property owners are using it? Read More …

What rights do I have to compel neighbor to remove his drainage piping that exists outside the legally recorded easement on my property? I purchased a lakefront, unimproved lot from my neighbor in August, 2000 in Virginia. It had a drainage easement along the property line adjoining my neighbor’s lot but well outside the build-able area. Read More …

What rights do I have to compel a neighbor to remove his drainage piping that exists outside the legally recorded easement on my property? I purchased a lakefront, unimproved lot from my neighbor in August, 2000 in Virginia. It had a drainage easement along the property line adjoining my neighbor’s lot but well outside the build-able area. Prior to selling me the property, the neighbor owned both my lot and the adjacent lot, where he built his home. Read More …

I just bought a foreclosed home and my neighbor has told me the previous owner gave him easement for his septic. You can see where it was put in as the ground has been freshly dug. It is about five feet from my pole barn. We live in a small town in northern Michigan where it is not uncommon for people to dig a whole and drop a fuel oil tank to hold their sewage. Read More …

Recently, we erected a fence on our property and about 1 foot of it extends onto the conservation easement. Do we need to be concerned? We did get a permit but have not yet been visited by a township inspector. If/when the inspector comes by, will he or she look to see where the easement is and, if so, will we be required to move the fence? Read More …