How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

Can a new home in a new subdivision be built on the easement

Customer Question

Can a new home in a new subdivision be built on the easement in my legal title
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question.

What manner of an easement is this? Is this an active easement?
Customer: replied 3 years ago.

The first house was purchased this past November and the easement is on my documents, the next door neighbor's home is in the process of being built. The easement shows up on my documentation on the title paperwork and was touted as the land I purchased. I would say that it is active.

Expert:  Dimitry K., Esq. replied 3 years ago.


What is the easement for? An easement may be for different things, for example an easement may be there for 'ingress/egress' that is not necessary if other ways onto or of the property exist. Having an easement is simply a right to traverse the property in certain instances, it is not a ban on building. It is just with an easement on the lot, the affected property that has this right to travel or use the property may imply also have to consent to the building of the lot. But having an easement does not stop building by itself, if the easement is destroyed or affected by building, it might have to be modified but it does not necessary terminate construction.

Good luck.

Related Legal Questions