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Recent Right of Way questions

I am trying to purchase a home in Brooksville Florida. We

I am trying to purchase a home in Brooksville Florida. We are supposed to close a cash deal on 9-14. However the title company is not willing to issue title insurance because the road that leads to the property is not a public road. It appears that a right of way is being used by propertyowners in the area. We are not sure who owns the right of way, but it also appears that it was offered to the county, but the county did not accept the transfer because they did not want to maintain the dirt road. What should it do?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Brooksville FloridaJA: Has any paperwork been filed?Customer: only the variance.JA: Anything else you want the lawyer to know before I connect you?Customer: Also the property I am trying to buy was subdivide into two 2.5 acre plots in the 1990s. There also seems something is wrong with the way they did it. The title company has a problem with that too.

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P. Simmons

Attorney

Doctoral Degree

35,684 satisfied customers
Conditions: - Right of way is part of a residential yard and

Conditions:- Right of way is part of a residential yard and is not a ditch- Rural area – Linwood Township, Minnesota.- Gravel Residential Street Ending in Cul-de-sac- Small Bank at edge of road (where one would expect a curb)Issue:- Neighbor across street is driving cars into my yard and would be “jumping the curb” with up to 6 feet encroachments. Their justification is: The “right of way” is public property.To keep this in perspective, it would be the same as driving on home owners' boulevards & yards in any city neighborhood.Question:- Do they have the right to use the “right of way” that I have been maintaining and improving?Yes, it is “right of way” and subject to modification as deemed needed by local government. Like other homeowners, I am maintaining it. This for me is with the understanding this type of “right of way” is treated as “Limited Private Use” by each homeowner.URL shows satellite image of my house. The Right of way depth as defined by the township is up to the sidewalk leading from garage to front door steps.https://www.google.com/maps/place/24145+Fawn+Ct+NE,+Stacy,[email protected],-93.0554394,149m/data=!3m1!1e3!4m5!3m4!1s0x52b2e4ad8ec995f7:0x14cb8a10c09e28e3!8m2!3d45.405909!4d-93.055078

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,172 satisfied customers
I live in a subdivision that had intended to develop a road

I live in a subdivision that had intended to develop a road that leads to my house. The road is classed as a right of way. The road was never developed to the standards of the county and when turned over to the county to maintain the county declined ownership or responsibility of maintaining the road. It was paved by the owner of the house I purchased and is used as a driveway. A water company has a water tank past this house and uses the right of way. A owner of a large section of land that is accessed by this right of way is going to log the property and the trucks will damage the road/driveway that I have maintained. Do they have to repair the damage?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,172 satisfied customers
We were getting a permit to build a fence and were told we

We were getting a permit to build a fence and were told we could not as there is an easement running through the middle of our house and barn. We purchased the house from a real estate developer who also owns a title company and who built a house on a sub divided part of the original property in 2009. He owned the entire property, that originally included our house, from 2004 and sub divided prior to building the other house.We bought the house in 2014. In his seller disclosure he stated he was not aware of any easement. The appraiser and the home inspector said there was no easement. As previously noted the borough says the easement runs through the center of our house and barn. Since we are now aware of this we must disclose it when we sell.Is there any action we can take for redress?

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Ely

Counselor at Law

Juris Doctor

64,508 satisfied customers
Can you tell me how many feet the right of way is from the

Can you tell me how many feet the right of way is from the center of the highway on Pennsylvania Avenue in West Mahanoy Twp, Shenandoah, Pa? We are having an issue with a neighbor that has a empty lot across the street from my niece's house. He will not allow anyone to park along that side of the street when visiting. We just park on the edge of the street but he says that it is his property.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,100 satisfied customers
A "designer" from our local power company gave me a proposal

A "designer" from our local power company gave me a proposal today for an easement giving it and the telephone company aligned with it the right to make specific changes to our property: cutting down parts of trees (and in some instances perhaps felling entire trees), as well as installing a 45-foot telephone pole to replace the existing 35-foot pole, to accommodate an increased power load in new wires that will replace those in place now. This will occur on both sides of the gravel road we live on--and both sides of which we own for a couple of hundreds of yards or so. One provision states that the rights we are giving up will exist "forever," as the need exists to make addition changes down the road.So if these are their rights, what are ours? --Many thanks.

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Gerald-Esquire

Juris Doctor

5,302 satisfied customers
I live in a part of Florida were the famous land scams

I live in a part of Florida were the famous land scams ("Your Dream Retirement Paradise!!") of the 1960's and 70's occurred. All this land was subdivided and subsequently sold, but not a single thing was ever built. Today, it is a 19,000 acre patchwork of State owned lands and private lands.The State acquires the land for the purpose of conservation. Private parties buy the land for (very poor) investments and access to the natural areas for hunting and recreation. There are still a surprising number of people who own the land the paid far too much for in the 1960's.All the lands are accessible via platted right of ways. Very few of those right of ways have been opened, thus, the various landowners have no legal access to their properties according the the small municipality that controls the right of ways.Every deed references language on the original 1911 plat the the right of ways are created through a granting of easement to the County. That easement apparently went to the town when they incorporated a few years backHERE'S THE QUESTION:Can the local town the the lands are mostly within (it's very rural) prohibit or otherwise restrict property owners from accessing their lands for the purpose of recreation and hunting?Some of these lands are far from the main road. Walking to them is not practical. The real question is whether a path can be made on the right of way (it's a wooded area) for owner access. Not to build a house, but just to drive a truck or atv back to the property?

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Ely

Counselor at Law

Juris Doctor

64,508 satisfied customers
This question concerns driveway easements in New York City.

This question concerns driveway easements in New York City. Is there a reason why the easement is mentioned only on the deed to my house and not on my neighbor's with whom I share the driveway? Here's the way it's worded on my deed:"Together with an easement and right of way for ingress and regress for private automobiles only over the westerly 3 feet 6 inches of the premises immediately adjoining on the East, and subject to a similar easement and right of way for ingress, egress and regress for private automobiles only over the easterly 3 feet 6 inches of the above described premises in favor of the premises immediately adjoining on the East. Grantor is the same person listed as grantee in Deed dated November 3, 1949 and recorded in ....." . None of this exists on my neighbor's deed. As you will note, the driveway is only 7 feet wide. It's about 100 feet long. My neighbor has a garage. I used to have one but many years ago, but I learned it was built illegally and tore it down. Cars were narrow enough to get up the driveway and we'd have to pass over the section in front of my neighbor's garage in order to park where our garage once stood. Cars have become wider, and it is now very difficult to get up this driveway without damaging something. Years ago, after no longer having a car, I put up a low fence separating my yard from the driveway and only need access in order to 1. have landscapers go back to my yard, 1. have terminix do quarterly maintenance along the side and in back of my house and 2. Have work done on my house. Recently new neighbors moved in after the house had been in foreclosure for many years. They can't get up the driveway with their car and use the garage for storage. They pull their car up between the front of both our houses, only partially blocking the sidewalk. Is this something they should be allowed to do? Should it be necessary for me to always ask them to move the car when I need to access to the driveway for something (which certainly would not be often. They've also put up a high fence right on top of mine just covering the portion of land in front of their garage. My concern is this: if I ever sell my house and someone can actually get a car, or even a motorcycle up the driveway, I could certainly have my fence removed, but should they be allowed to have fencing where a vehicle would need access to my yard? Please advise.

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Damien Bosco

Attorney

Doctoral Degree

3,090 satisfied customers
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

47,172 satisfied customers
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