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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39139
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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We have right of way deed that extends to under southerly

Customer Question

we have right of way deed that extends to under southerly power line, my Christmas tree stand is south of that. zoning officer says we are not on our property, showed him deed but he says were past property line, does right of way deed give us use of land for 3 weeks?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.

Hello,

A right of way generally (not always) is limited to transitory use of land (i.e., travel across, ingress, egress). Placing a Christmas Tree stand on the right of way would not be transitory, and would infringe on the property owner's rights.

However, the exact text of the easement grant could alter this interpretation. There's no way for me to evaluate that without actually reviewing the grant. If that's something that you are interested in, I can send you an additional services offer, and we can take the matter offline.

Otherwise, I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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