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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31766
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can another person who has property down the driveway,

Customer Question

Can another person who has property down the driveway, survey and move your easement on your property without notifying you?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 1 year ago.

An easement can't be moved without permission of the landowner since it is the landowner whose property is being encumbered and affected. Thus, if an easement has been re-located without the property owner's permission, it is very unlikely that the change is legal.

Customer: replied 1 year ago.
Also can a person add themselves to an easement without notifying the land owners?
Expert:  Roger replied 1 year ago.
An easement rubs with the land, so if the property's title changes hands, the new owner would acquire the easement rights. But, another person cannot be added unless the easement document says that it can.
Expert:  Roger replied 1 year ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

Customer: replied 1 year ago.
After the moving of the easement and not notifying the land owners of the move, everything else after would or won't determine the validity of the easement?
Expert:  Roger replied 1 year ago.

The validity of the easement all hinges on whether the person taking action -- modifying the easement, etc. -- has proper authority to do so. If the person doesn't have proper authority, then none of the actions taken should be valid.

Expert:  Roger replied 1 year ago.

You may need to have a local lawyer or abstractor to review the land records and see what filings have occurred and determine if there is proof of proper authority to execute and file these recent easement filings, and if not, you can either approach the neighbor about filing the documents without authority OR file suit for slander of title and ask for a court order removing these improperly filed documents.

Expert:  Roger replied 1 year ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!