Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

We have a cross access easement on our little strip of land on the side of our patio home that directly faces our...

Customer Question
We have a cross access...
We have a cross access easement on our little strip of land on the side of our patio home that directly faces our neighbor's patio. Do they have the right to build a water feature in the easement within a foot of our home?
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 7 minutes by:
6/7/2016
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 11,481
Experience: Just Answer consultant at Self employed
Verified

Thank you for your patience as I reviewed this;

So the servient tenant (the property owner that has the land which the easement is on) is allowed to repair and improve the easement so long as it does not interfere with the dominant tenant's use and enjoyment of that easement.

Case law suggests that so long as there is not language to the contrary (in the deed, contract etc creating the easement), the servient tenant retains all rights that are not inconsistent with the enjoyment of the easement. Williams v. Abernathy 402 SE 2d 438 (NC Ct App 1991).

The courts have also determined the burden is on the dominant tenant to prove that such use is in fact inconsistent with the dominant tenant's rights. City of Statesville v. Bowles 169 SE 2d 467 (NC Ct App 1969)

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
What does that mean, exactly....
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago

It means that the landowner can make use of the easement so long as it does not interfere with the other person (the person entitled to use the easement) use of the easement.

So for example, if the purpose of the easement is an access issue, they cannot obstruct a fence as that would frustrate the person for whom the easement was granted from using that easement.

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
We are unhappy that they built a water feature a foot away from our foundation on our land. Can you just answer whether they can do this??
Customer reply replied 1 year ago
Does the easement allow them to do this?
Customer reply replied 1 year ago
They have planted shrubbery on it that blocks our ability to wash our window
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago

It is permitted unless the easement language contained in the deed or contract does not allow it. If the water feature affects the foundation of one's property, that is a separate issue and can result in liability for any resulting property damage and a court order to remove the water feature- if it is causing erosion, for example.

If the easement was granted for this purpose and now it cannot be served, then that would be a violation. An easement is usually granted for a particular reason/use- so if it violates that purpose then it would be a violation and the court could order the improvement to be removed, because only improvements that do not affect one's use of the easement is permitted.

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
On the plat it is called a shared driveway easement. The HOA architecture review committee approved the water feature in their courtyard on our land without our consent
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago

So the purpose would be a driveway so presumably for driving/parking vehicles. If the sculpture is in the way so that the intent of the easement cannot be satisfied it would be a violation.

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
It does not make sense that the easement would be for the driveway that far down the side of the house across from their patio. (The whole area is fenced in.). Where would I find the purpose of the cross easement?
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago

It would be in the deed or the contract granting the easement;

It is possible the fencing occurred later in time -ie after the easement was granted.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago

If it is not clear for which purpose the easement exists, and the parties cannot agree, the court will have to make a determination as to whether the improvement is of such a nature that it interferes with one's use and enjoyment of that easement; they will often look at any documents pertaining to the easement, past conduct of the parties, etc, to determine the intent of the easement.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago

Checking in on the above.

Hopefully the above information was useful and this issue is resolved with minimal hassle.

Thank you for using JA>

Ask Your Own Real Estate Law Question
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 11,481
11,481 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
My neighbor has a 14 inch easement along the my east
My neighbor has a 14 inch easement along the my east property line.His driveway was mistakenly poured over the property line during construction so the developer solved the problem by granting this ea… read more
legalgems
legalgems
Arbitrator
11,481 satisfied customers
Can a walking easement of 20' that shows on a plat map with
Can a walking easement of 20' that shows on a plat map with definitive width, length and surveyor pins be considered a "floating" or "blanket" easement if it was not recorded as such initially? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Mine is a prescriptive easement question. My neighbors are
Mine is a prescriptive easement question. My neighbors are trying to pull this on me. I read that to get a prescriptive easement a claim must be made. Does the claim have to be verbal or in writing an… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
My neighbor has a non-exclusive easement on a road that is
My neighbor has a non-exclusive easement on a road that is on my property in order to get in and out of his property. Years ago he asked me the permission to erect a gate at the entrance so to protect… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
We have a shared easement in CA. The neighbor had water main
We have a shared easement in CA. The neighbor had water main work done on his line and the company damaged not only our water main line but, the asphalt alongside the trench they dug for the replaceme… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,142 satisfied customers
Wanting to get information about an easement for my neighbor
wanting to get information about an easement for my neighbor and I installing a water line for both of us, Deschutes County Oregon … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
HOA removed mine and my neighbor hoses, that were neatly on
HOA removed mine and my neighbor hoses, that were neatly on a holder. Because HOA says it was on common area in the open. Hoses cannot be seen unless you walk around the unit. The President of the HOA… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
I bought rural property that had a driveway on the plat, but
I bought rural property that had a driveway on the plat, but it is on a 20 percent grade and unusable. Can I persuade the sellers/real estate agent/title company to help fix the problem? … read more
Damien Bosco
Damien Bosco
3,376 satisfied customers
I own a non-exclusive Ingress egress easement. My neighbor
I own a non-exclusive Ingress egress easement. My neighbor constantly Parks his trailer on the easement. He also Parks cars on the easement. I'm wondering if this is legal? I don't want to be responsi… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
A neighbor filed a complaint against be about easement
a neighbor filed a complaint against be about easement access with the homeowners assoc. in the complaint she proposes a bylaw against intimidation etc. she is implying that i threatened her. is that … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,292 satisfied customers
Our HOA plat has a note that says "this property is subject
Our HOA plat has a note that says "this property is subject to an unrecorded 10' wide water line easement to Lone Oak Utility District date August 4, 2003"...we are trying to allow Lone Oak to install… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
I've been told by a neighbor that if an HOA provides lawn
I've been told by a neighbor that if an HOA provides lawn care and landscaping services, Florida HOA Laws state that it's an "all or nothing" decision. Our HOA says we are each responsible for the 4-f… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,142 satisfied customers
MY septic filed is on an easement for my neighbor. Surface
MY septic filed is on an easement for my neighbor. Surface water runoff (from his propeerty) is eroding the cover dirt ..am I responsible for this ? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,866 satisfied customers
I have an easement question- Our neighbors have an easement
I have an easement question- Our neighbors have an easement over our property for road access. they use it to go to their campground behind us. Can they drive unregistered vehicles on our property (th… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
It's an HOA question - Neighbor was playing music load
It's an HOA question - Neighbor was playing music load passed 10 om and up until 1 am. I left a nice note on their door asking them if they could turn the music down after 10 pm or maybe wear a headse… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Can a neighbor and I sue for prescriptive easement in small
Can a neighbor and I sue for prescriptive easement in small claims court? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,142 satisfied customers
How is an neighbors easement shown on a plat or plan for a
How is an neighbors easement shown on a plat or plan for a zero lot line house? Does an easement have to be included in the covenants and restrictions to exist?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Does a building restriction line on a plat or the HOA
Does a building restriction line on a plat or the HOA building restriction line take precedence … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x