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.
A new question is answered every 9 seconds

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
characters left:
20 Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Easement Rights

Easements are rights given to an individual or entity for the use of land that belongs to someone else for a specific use. A few examples would be; utility poles, sewer lines, and shared driveways or paths. An easement can be recorded in the land deed, making the easement a permanent access point for its selective purpose. The land owner of the easement cannot obstruct the easement or deny access by the easement holder. To learn more about easements and easement rights, take a look at the questions below that have been answered by experts.

A developer wants an easement through my property to install a sewer line from a proposed subdivision. What is the negative impact of such an easement and what compensation I should expect?

Before you agree to allow the easement, you should have the developer make arrangements for two appraisals of the land and have him/her pay for them. One of the appraisals will be performed by an appraiser of your choice (paid by the developer) and the developer will hire an appraiser of his/her choice. By doing this, you will be able to find an agreeable amount between the two appraisals.

As far as payment goes, you can either ask for the full amount up front in one payment of request monthly payments. Once you agree on the amount, you will need to add the easement to your deed with the notice of transfer. This will allow the easement to remain if you ever sell your property.

Unless you are well versed in the legal terms of easements, you may want to consider hiring an attorney to assist you. The attorney fees or a portion of the fees should be paid by the developer.

The negative impacts would entail a portion of your property being utilized by the developer. On occasion, there may be the need of repairs to the sewer lines which would include excavation (digging the lines up). This may cause a temporary eyesore on the property. However, the money you will make from the easement should be enough compensation for the trouble.

My neighbor has a 25 foot easement on the property next to mine and their driveway is on my property. They moved to the property in 1994, but the easement is older than 1994. What can I do?

You need to do something before they gain a prescriptive easement by using it without your intervention. If you allow the neighbor to continue using your property for an extended amount of time without objecting, eventually, this will become the neighbors permanent right of use. In order for the neighbor to claim an easement by prescription, they would have to show that they have used the property for at least 20 years without any interruption or objections from the land owner (you). This is specified in the laws as followed: Pevear v. Hunt, 924 S.W.2d 114 (Tenn.Ct.App.1996); House v. Close, 346 S.W.2d 445 (Tenn.Ct.App.1961); Nashville Trust Co. v. Evans, 206 S.W.2d 911 (Tenn.Ct.App.1948) To avoid the easement from becoming permanent, you need to draft an agreement stating the use is permissive and have them sign it. Once both of you have signed the agreement, have it recorded. If you need help drafting the agreement, you can ask a real estate attorney to assist you.

I have a sanitary sewer easement running through my backyard and I want to build a deck that will run over top of it. Can I do this?

By law, you are the easement grantor and you have the right to maintain the easement. However, you cannot do anything that will interfere with the rights of the easement holder. This means, yes, you can build your deck but the city can have the deck removed. Furthermore, the city can deny your permit if they think the deck will disrupt their easement rights. If this happens, you will have to approach the planning department and ask for an appeal for the permit. If you attempt to force the city, you may end up in a nasty court battle which will far outweigh the cost of your deck. To avoid a messy court battle, simply apply for the permit and if the city allows it, you can build your deck.

When an easement is granted (in perpetuity) does the user have right to maintain the easement?

While an easement allows the easement holder to use the property, the main ownership belongs to the grantor (original owner). The easement is used to access another property, sewer lines, make repairs to fencing etc. if the easement has stipulations that you maintain the easement as part of the agreement, then you could. However, you would only be expected to return the area to its original condition. Upgrading the easement such as paving a gravel drive or path would be considered an unrealistic improvement as far as maintaining is concerned.

When dealing with an easement, it is important to know your rights. Many people go years without knowing an easement may exist on their property. It is important to understand how an easement works and where you stand from a legal view. If you have questions about easements, you should ask an Expert.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
characters left:
20 Lawyers are Online Now

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.

Lawyers are online & ready to help you now

Ron
ASE Certified Technician
Satisfied Customers: 21594
23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
Dr. Y.
Urologist
Satisfied Customers: 18600
I am fellowship trained specializing in general urology and reconstructive urology.
John
Home Appliance Technician
Satisfied Customers: 13453
Appliance repair business owner for over 43 years.

Recent Easement Questions

  • What is Equitable Easement? Thanks.

    What is Equitable Easement? Thanks.
  • My brother is stealing farm equipment and other things off

    My brother is stealing farm equipment and other things off my mothers property. He is harassing her with horrible names and threating her to move her water meter off the property he has purchase just 6 years ago when the meter has been there 40+ years. He just recently refenced the meter so we can not access it because he has a no trespass order against my mother and myself. can this be taken to small claims court or what is your recommendation. audrey

    can I make him remove the fence or pay to have the meter moved

  • We have a Riparian Trail made of gravel which is very well

    We have a Riparian Trail made of gravel which is very well designed. However, one end (a trail head) stops at a ten inch curb and empties into the middle of a well traveled street. There are no sidewalks on this side. On the other side are ADA compliant sidewalks and ramps. Our group wants to have a crosswalk, as this trail leads to the Central Park serving Chesterfield MO, The city states they cannot afford to build a compliant sidewalk on the trail side. So, we cross to the Central Park parking lot over a non compliant curb with no protection from a marked crosswalk. My take is that because it is the beginning and end of a trail, simply removing the curb and providing a warning surface is a good option. Certainly better than no cross walk area at all. Because it is not a sidewalk and there is no concrete this would be a good solution and would eliminate the present barrier (curb) .
< Last | Next >
View More Legal Questions