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Recent Right of Way 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

46,242 satisfied customers
To Law Educator: Suppose I sold the house with a short sale

to Law Educator: Suppose I sold the house with a short sale but I sued the guy who has put a fence up to prevent access to the right of way and yelled and screamed at the real estate broker that that she can't go down the right of way and won the lawsuit, would the state of Connecticut be entitled to the proceeds of the estate if the State declared the property insolvant?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,576 satisfied customers
I have been maintaining a right of way between my property

I have been maintaining a right of way between my property and my neighbors.He has let his bushes grow out of control into the right of way. Does not talk to me but his bushes are preventing maintenance. I trimmed the branches and paid to take them to the dump.Is there any liability on my part ?

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Phillips Esq.

Attorney

Juris Doctor

17,902 satisfied customers
My daughter coerced me into giving her my property and then

My daughter coerced me into giving her my property and then tricked me into giving up my life estate right? Any way I can get property back under these circumstances. She has also been psychologically and emotionally abusive.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,576 satisfied customers
Does the property owner have the right to have an

Does the property owner have the right to have an unauthorized travel trailer towed off his property in Ca. at the trailer owners expense.

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P. Simmons

Attorney

Doctoral Degree

35,156 satisfied customers
If a parcel of land is severed into two separate parcels by

If a parcel of land is severed into two separate parcels by a right-of-way acquisition can the parcels be sold off individually? My understanding is that an acquisition or dedication of right-of-way is by deed & exhibit plat and not considered a subdivision of land per a typical subdivision ordinance enacted in the 1950's. Therefore the two parcels have to be conveyed in whole and not separately. I also understand that the land owner is responsible for clearing up the situation by officially subdividing the land and creating the two parcels with a plat of record. Seems to me that if the municipality or State acquires right-of-way severing your property that would constitute a subdivision by default thus being allowed to sell off each parcel by deed separately.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: VirginiaJA: Have you talked to a lawyer yet?Customer: We've had communications with the City attorney who found some case law supporting no subdivision can be made by right-of-way acquisition. I'm a land surveyor trying to wrap my head around this issue.JA: Since laws vary from place to place, what state is this in?Customer: VirginiaJA: Anything else you think the lawyer should know?Customer: That's about it.

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LawTalk

Attorney at Law

Juris Doctor

32,386 satisfied customers
My real estate broker was accosted by one of my late

My real estate broker was accosted by one of my late father's neighbors as she was showing the property with a client. Our agent wanted me to write a letter to the neighbor. I was wondering if what he did as I describe in the letter below is called "derogatory of title"? I'm quite sure I didn't hear it correctly from the zoning attorney. Could you please comment about the language of the deed and if I am correct?Tortured NeighborSsssssssssnumberIntruder InterfererSaw Mill RoadRivertowns, usaAugust 3, 2016Dear Darndest,My father, the Architect, bought his property in 1978 and his deed gave him the right to pass over “Parcel C” to get to his garage. It's a right of way that was reserved by Woody Sawmiller in 1956 when he sold “Parcel C” to his Rivertown neighbors. In addition, Woody Sawmiller also reserved his right to cross over some Rivertown land belonging to his neighbor, which I presume now belongs to you, to repair the dam upstream from “Parcel C” which was part of Woody's saw mill. These two rights of way were passed on to my father when he bought the property. Now, after he died, these became the rights of the estate.I think that if you look at the wording below, there are two rights of way. There is also a provision that prevents the road on Parcel C to be made higher.”This deed is given on the express condition that the Releaseesshall at no time permit any road, built on said parcel to be higherthan 19.25 feet below the plate line of the roof of the buildingnow located on Parcel "B" on said map or any replacement thereof .Said parcel is released subject to the reservation of a rightof way to the Releasor, his heirs and assigns over said Parcel “C”and so much of land· of the Releasee Louise Murray lying Northerlythereof as may be necessary to repair the dam owned by the Releasorprovided that any damage to the roadway or bridge' arising out ofsaid use shall be repaired by the Releasor.I know that some years ago, your Attorney Lier had the opinion that there was only one right of way and it was to cross your land to repair the dam. I welcome you to share the above language with him in order to see what he thinks now. I think that everyone will conclude that:1.) Woody Sawmiller reserved two rights of way.2.) The first right of way is to cross over Parcel “C” at any time.3.) The second right of way is to cross over the land of your Predecessor in Title to fix the dam.4.) The regrading of the road on “Parcel C” in order to make the roadway a higher was and is forbidden.You are making a mistake by putting a no trespassing sign with a wire preventing access to the Estate's garage. Also, you should not interfere with the real estate agents when they come down Parcel C with prospective buyers, as you did last Thursday. As agents of the Estate, they have an absolute right to walk down “Parcel C” to access my late father's property.When the Conglomerate or the owners of “Parcel C”, raised the road in August of 2015, evidently, they did so, without the needed Inland Wetland approval. The boulders that were misguidedly placed at the entrance of my Dad's garage, earlier that year, prevent him and us now from driving in.I want to be good neighbors. So, please give me a call at(###) ###-####so that we can discuss.I am enclosing: Buttery's deed to Wilton neighbors, my father's deed and Map 2589 which depicts “Parcel C” and its relationship to the Estate's garage which is to the North and the “building” on Parcel B which is to the South which the deeds refer to.Very truly yours,*****CC: Estate's LawyerZoning LawyerAttorney LierOffended Real Estate Lady from International RealtyMain Real estate Lady International RealtyBrother. Executor of the EstateBrother Son of Late Father

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Gerald-Esquire

Juris Doctor

5,130 satisfied customers
If there is a damaged tree on property I own, which is close

If there is a damaged tree on property I own, which is close to a boathouse which belongs with a right of way on my property, am I responsible to remove that tree?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,242 satisfied customers
Our Covenants state: "Section 9. Storage of Automobiles,

Our Covenants state: "Section 9. Storage of Automobiles, Boats, Trailers and other Vehicles. No boat trailer, boat, travel trailer, inoperative automobile, camper, or vehicle of any kind shall be semi-permanently or permanently stored in the public street right-of-way or forward of the front building line. Storage of such items and vehicles must be screened from public view, either within the garage or within an approved storage facility."Does this covenant mean homeowners can store their boat trailer, boat, travel trailer, inoperative automobile, camper, or vehicle of any kind in their yard as long as it does not go forward of the front building line. Or, does it mean all such items and vehicles must be screened from public view, either within the garage or within an approved storage facility, meaning all such items must be in a garage or in an approved storage facility that is approved by the ARB.

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Alex Esquire

Managing Attorney

Doctoral Degree

21,874 satisfied customers
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