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Ask Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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Can a new home in a new subdivision be built on the easement

Customer Question

Can a new home in a new subdivision be built on the easement in my legal title
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 4 years ago.
Thank you for your question.

What manner of an easement is this? Is this an active easement?
Customer: replied 4 years ago.

The first house was purchased this past November and the easement is on my documents, the next door neighbor's home is in the process of being built. The easement shows up on my documentation on the title paperwork and was touted as the land I purchased. I would say that it is active.

Expert:  Dimitry Esquire replied 4 years ago.


What is the easement for? An easement may be for different things, for example an easement may be there for 'ingress/egress' that is not necessary if other ways onto or of the property exist. Having an easement is simply a right to traverse the property in certain instances, it is not a ban on building. It is just with an easement on the lot, the affected property that has this right to travel or use the property may imply also have to consent to the building of the lot. But having an easement does not stop building by itself, if the easement is destroyed or affected by building, it might have to be modified but it does not necessary terminate construction.

Good luck.