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Recent real estate law questions

I need to understand my rights vs. the property owners

I need to understand my rights vs. the property owners rights. I have a right-of-way easement accross my neighbors property. There are trees and fences on my right of way. Do I have the right to require them to be removed?JA: OK. The Real Estate Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?Customer: OregonJA: Have you talked to a lawyer yet?Customer: Not yet.JA: Anything else you think the lawyer should know?Customer: I have lots of questions, not sure where to start.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.

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Roger

Litigation Attorney

Doctoral Degree

 
32,878 satisfied customers
My property and adjacent property has shared a driveway for

My property and adjacent property has shared a driveway for about 15 years. At point where drive enters the public road, the property line shows neighbor owns th entrance to drive. By the time the straight drive goes into the property about 60 feet or so, all the driveway is all on my property. The adjacent property recently changed hands for the second or third time, and new property owner proposes to put a privacy fence up which will completely block entrance to my property and will force me to install new culvert into our property and reconstruct our driveway to the point the original driveway will be completely on my property. If he does this he gains exclusive use of a triangler shaped piece of property about 15 feet wide at entrance to drive, tapering to nothing about 60 feet up the drive.This will cause me a fair expense, and necessitate relocating of water main access to put in a new drive.Can he do this, and if so, is there any time frame me must give me before he fences off my access?

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Attyadvisor

Doctoral Degree

 
6,492 satisfied customers
I have a neighbor who put up a fence right on the property

I have a neighbor who put up a fence right on the property line and is unhappy my bushes' branches stick through at one section. I said so cut them. He says its my obligation to cut them. Do I have to do it? I don't even know if its possible to get in between his fence and my trees.

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Irwin Law

Juris Doctor JD

 
8,076 satisfied customers
how far( miles/feet/yards) is a deed restriction intended;

how far( miles/feet/yards) is a deed restriction intended; "benefited party" say from the boundary of a golf course. thank you tomg

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37,590 satisfied customers
We have a driveway that is joined to our neighbors. It is paved

We have a driveway that is joined to our neighbors. It is paved all together. We pay to keep our side clean of snow and keep it sealed the neighbors read the other side of our double. They back out of the driveway through our side instead of backing their other car out and backing out their side. They have visitors parking on our side out blocking our side. Our car is in the garage so our drive is always open. We have asked begged and pleaded with them to no use pour side of the driveway but they continue to do it. Even threatening us and calling us names. I am 60 and my husband is 78. These woman are in their 20s and have men around all the time so we are afraid. What can we do to force them to not use our side of the driveway?

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Attyadvisor

Doctoral Degree

 
6,492 satisfied customers
We purchased 4 acres in Sept. called tract (1) and a 60 foot

We purchased 4 acres in Sept. called tract (1) and a 60 foot easement called tract (2)..Subsequently, in Oct. the previous owner went back and made a correction on a 1981 Warranty Deed, that established the original easement...He added another Property Owner on the Easement..On our Title Policy it specifically sells,grants, and conveys the tract (1) and tract (2) to us.....Where does the previous owner have jurisdiction to change a Warranty Deed....?If so, he can allow anyone assess to this private easement..The other property owner is not landlocked.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,858 satisfied customers
My brother is a pastor of a church in Bixby Oklahoma. BTC

My brother is a pastor of a church in Bixby Oklahoma. BTC is a phone/cable/internet service provider right across the street from the church. The church has a collapsed sewer line and when my brother called the plumber out of have it dug up and repaired, the management team from BTC came running across the street screaming that they couldn't dig it up because they have cables running across the property and that each cable they broke would cost the church up to $20,000 each. I haven't looked at the deed for the utility easement area to see if they are buried in the proper place. Now the church has to have the plumber bring in a special tool to dig without damaging the cables and the cost of the sewer line repair went from a few hundred dollars to $2000. Is BTC responsible for any of the repair cost? Can BTC bury their cables over the churches sewer line? It seems that an easement would have to be in a place that wouldn't infringe on the property owners right to repair his sewer/water lines. [email protected] you

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Andrea, Esq.

Attorney

Post-Doctoral Degree

 
13,982 satisfied customers
My home in Houston Texas was built in 1968 and a small addition

My home in Houston Texas was built in 1968 and a small addition was added to my home in 1970. I have had to repair the addition due to wood damage/termite damage and reconstructed the addition on its existing old concrete. My HOA is calling this a modification other than a repair and the current deed restrictions show that this original structure is pass the 7 feet lot line. I have submitted 2 applications for the repair to my HOA and they have rejected both of them stating the structure is in violation of deed restrictions due to the 7 ft lot line. My question would be is this structure actully grandfathered in since it was built over 30 years ago and we are clearly repairing not modifying, meaning on my behalf with just repairing the structure as is I should be able to keep the addition? I bought the house from original owner in 2006 and nothing was said by them or the HOA of any deed restriction violations. Can I move forward with the repair of my home even though the HOA has denied my repair if this is actually grandfathered into the home?

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William B. Esq.

Attorney

Doctoral Degree

 
18,556 satisfied customers
Please explain the Florida "Waiver of Rights" law and where

Please explain the Florida "Waiver of Rights" law and where I can find the language in the Florida Statutes.

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Dave Kennett

Doctoral Degree

 
21,100 satisfied customers
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