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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116707
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My neighbor granted a 20 ft. Easement Deed to a prior

Customer Question

My neighbor granted a 20 ft. Easement Deed to a prior property owner of my property. This easement was second to the previous easement; and now there are two properties served by one easement. Where the easement meet the road, a power pole and fire hydrant use up ten of that twenty ft. easement. This means that the easement must curve to avoid running into these obstacles. This narrow curve eliminates the full enjoyment of our properties, and prevents large vehicles, vehicles in tow and most important, the Fire Department from accessing these two properties.
Question: At the beginning of the curve, furthest from the road, 1) is the easement measured 20 ft. from the property line or, 2) 20 ft. from the asphalt curb that conforms to the curve ?
I didn’t get a survey when I bought the property; however the curved portioned has existed since day one. But that is less than nine foot.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unless the easement document specifies otherwise, it is measured from the property line. You need to look at the easement document and also the survey done on the property. Even if no survey was done with the easement, the easement is supposed to property describe the bounds of the easement. If the easement has been impaired by the other easements granted, then you need to consider seeking to renegotiate the easement and if they refuse, you could sue for them having the easements for the pole and hydrant impairing the easement and as such it impairs your granted easement.

Customer: replied 1 year ago.
I thought I was getting a second opinion?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

It appears no other expert had anything else to add or any different comments which is why nobody else replied. Did you have any further questions?

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