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Recent Easement questions

Barrister -- Contacting you again on my Mom's property. Had

Hi Barrister --Contacting you again on my Mom's property.Had the survey completed and got the results. The surveyor has placed the following notation directly on the survey:Quoting the note he has placed within the survey itself:IN 1965 HARRY ETTER INTENDED FOR THE RIGHT-OF-WAY FOR VILLA VIEWDRIVE TO BE ALONG THE WESTERN PROPERTY LINE OF LEE SHOCKEY, NOW NANCY JACKSON.IN AUGUST OF 1966, THE RIGHT-OF-WAY WAS MOVED WESTWARD IN ORDER TO CREATETHE LOT OF CURRENT RICHARD BERKLITE, THEREBY MAKING THE 50' RIGHT-OF-WAYACROSS GUNBY UNUSABLE AND ESSENTIALLY ELIMINATING THE RIGHT-OF-WAY TO PEN MAR ROAD.The way I'm reading this is that the "entrance" to the right of way on my mom's property -- which was on Richard Berklite's property was moved in 1966. So it no longer exists on his property. As a result, the right of way still indicated on my mom's deeds is NOT accessible from Villa View Drive nor can it provide access to Villa View Drive and subsequently Pen Mar Road the Main Road.Does this give me any leverage to have the Right of way removed from my mom's property? Also, have a large amount of evidence that support the Adverse possession defense we had previously discussed.If it does, do I need to go to court to have it removed or how do I pursue getting this off the deed?Attached is a scanned copy of the survey document.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,180 satisfied customers
New home developer has requested rezoning of traditional

New home developer has requested rezoning of traditional farm from Agricultural zoning to Residential zoning (1 house per acre). His proposal for 8 to 20 houses relies on one lane dirt road that is privately owned, but maintained by State via easement deed with existing AG zoned owners. Can he assume control of the road for his project and re-zoning proposal ??

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Samuel-II

Attorney

Doctoral Degree

31,896 satisfied customers
Just wanted to ask if someone has property connected to a

Just wanted to ask if someone has property connected to a public road can they get an easement across your property

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,180 satisfied customers
In NJ, when two adjoining properties are owned by the same

In NJ, when two adjoining properties are owned by the same owner, and neither property is land locked, how is it possible for the owner of both properties to grant themselves a driveway easement for ingress & egress ? It seems to me it's like giving yourself permission to access your own property.

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Loren

Juris Doctor

36,178 satisfied customers
This is not a duplicate: (This is in Louisiana, so I know

This is not a duplicate:(This is in Louisiana, so I know some civil laws are different that other 49 states)I own a lot in a cul de sac neighborhood, no house yet. Somebody who owns timber land behind my lot split the one large tract, into 3 smaller tracts. The one that backs to our lot is now land locked, the way they split it. The guy is now suing us for a right of passage easement, to build a 60'x200' access road, across our lot, to then build a neighborhood behind us. I've been told he can't force passage, once it's a subdivided, existing neighborhood with covenants in place. But nobody can tell me an actual law or ruling that says this. This person suing us is a lawyer, AND a judge in the same area as the property, which is in Louisiana. HELP!?!?Optional Information:State/Country relating to question: LouisianaAlready Tried:Denied him when he tried to buy it for less than pennies on the dollar. He has now had us served with papers. So he obviously thinks he can do it. We responded, hoping he was thinking we would be scared/stupid, and agree. But he has since responded back, and asking us for Interregatory discovery stuff about our lot, his lot, what expert witnesses we plan to use, etc. Our land meets the southern end of his land, and there is a lake to the west. The east is a large lot that was just cleared for timber, as a residential development was planned, but recently delayed. The north is all of the rest of his original tract of land, that was split up, and is now owned by family trust. He states that cutting through our property is the shortest route, so we have to give it to him. That is true, but it shouldn't matter, since our lot is not raw land, but part of an already subdivided neighborhood.I have attached 3 photos.1. Google earth image that shows my neighborhood cul de sac at the bottom, with road, and the northern part of the map shows the closest road on the north. I think the northern road is how they had access to the property when it was one large piece, but not sure.2. A Arian shot from the tax assesses office. This one shows the lots in question, and also updated where the lot to the east has been cleared for a future residential development, which could be access to his lot. The plaintiffs land are the rectangle and square lots with no print on them, directly north of the neighborhood. The green lot and two labeled "amended" are the three lots that used to make up one big tract, before they split it, creating a land locked tract.3. Last is from the tax assessor as well, showing lots. Green are part of the original large tract. Orange are the two land locked lots, plaintiff is suing us for passage to. Pink is roughly where our land is. The lots in the upper right of picture are privately owned, but I think where they had access when it was one large lot. This has not been confirmed. Plaintiff stated the land had been used for hunting lease and recreational in the past, so they had to have access somehow.

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Ely

Counselor at Law

Juris Doctor

63,592 satisfied customers
My brothers neighbor has easement rights across my brothers

My brothers neighbor has easement rights across my brothers yard. Recently the neighbor has put in a drive to the west of my brothers property, but continues to drive across his yard. There are no court records of the easement (that we know of). Is this easement still valid? He is no longer land locked.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,180 satisfied customers
I have an easement to my house..The water line is also on

I have an easement to my house..The water line is also on this easement..I have lived here for 30 years..Have not had to pay for repairs to water line except when problem is on my personnel property..The landowner who has the easement has always done the repairs. There is a new owner. He now wants a monthly fee for repairs..Because there was a leak right outside his bedroom window which he did nothing about for almost 2 months..The water bill was over 2 thousand..He said he didn't have time to locate leak ..He doesn't know location of his water meter. What rights do I have with water provided along easement ? Thank you,,,Laurel Tucker

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J. Warren

Attorney

Doctoral Degree

4,084 satisfied customers
Corner of neighbors garage encroaches onto my property by 5

Corner of neighbors garage encroaches onto my property by 5 feet. She's in escrow & I'd like to resolve it before closing. My house built 1920, i assume this has been the case since her house built 1941. Not seeking tear down but want to ensure no trouble when i eventually sell.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Calif. /Los AngelesJA: Have you talked to a lawyer yet?Customer: She has. There is an easement offered for me to sign saying I'm granting continued use through eternity or until the garage is modified.JA: Anything else you think the lawyer should know?Customer: My main concern is that a potential buyer of my house may not like a 5 x 16 foot slice of pie that will be included in their annual tax bill

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LawTalk

Attorney at Law

Juris Doctor

32,312 satisfied customers
We are a business located in Rio Rancho, New Mexico. The

We are a business located in Rio Rancho, New Mexico. The electric company is requesting use of our land (10ft easement) to install new power lines for public use. What are the implications of this? Are we able to collect compensation? We will not be able to build on these easements.

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Maverick

Doctoral Degree

6,298 satisfied customers
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