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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6851
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I would like to complete my request that I submitted yesterday to Just Answer concerning m

Customer Question

I would like to complete my request that I submitted yesterday to Just Answer concerning my question about an easement, may I complete it with you?
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 7 months ago.
I don't see a question submitted under your name yesterday, but if you will repeated here I will be happy to assist you. I may be away from the computer until later this evening. I am on Eastern time.
Customer: replied 7 months ago.
We have a 40' wide roadway and utility easement of which our road into our place of business (a campground and rv resort) and our business sign is within. The easement was created in 1981. The sign has been place for at least 15 years.Our neighbor is now telling us to move the sign. I do not want to move the sign.
An irony though--I don't want to create bad neighbors however the neighbor also has recently built a big decorative wooden fence on his side of the road but well within our easement. I did not think he could build on our easement, am I incorrect?My questions:
Do we have to move the sign that is within our own easement?
Who really owns the easement (it originally came from St.Regis Paper in 1981) and does anyone pay taxes on it?
Thanks
Customer: replied 7 months ago.
The gravel roadway that is within the 40' easement is only 16' across.
Expert:  Irwin Law replied 7 months ago.
Without seeing the actual easement language, I can't tell you if your sign is there legally or not. The easement may cross land that is owned by more than one person, including you. If the sign is within the easement but is on your property, then you do not have to move it. The neighbors fence might be a violation of the easement, but again without seeing actual surveys it's impossible to tell. The fact that the neighbor doesn't like it all of a sudden doesn't mean that you have to move it. The sign has been there for many years, and it would be up to the neighbor to take the matter to court to force you to place it elsewhere. Therefore it's up to you whether or not you want to do it voluntarily. I hope that this information is helpful and that you will enter a positive rating for it. Thanks for using JUST ANSWER.
Expert:  Irwin Law replied 7 months ago.
Hello again. Do you have a follow-up question? I am not an employee of Just Answer and I receive credit for assisting you based on your rating. I hope that you will enter a positive rating for my assistance here by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.