Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am an easement holder on two separate servient estates.

The servient estates are refusing...
I am an easement holder on two separate servient estates. The servient estates are refusing us any use of the easement other than ingress/egress. They originally allowed us to leave our Kayaks along the bank, but are now refusing this. I am a disabled widow with an income of $11,400 a year disability income. What are my rights for easement use, and what are my options to resolve this situation? One of these servient estates tore down a dock that was originally built for the homeowners on this street's use. The original purpose and prior use of the easement was for docking vessels, fishing, and ingress / egress.
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 3 minutes by:
4/25/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

They cannot take your easement away. An easement is a purchased interest in land, yours to use forever. It runs with the land, transferring from one owner to the next, unless or until the owner of the dominent estate buys it back from the owner of the servient estate. You are not trespassing when you use the easement for egress, fishing, or docking, because that's what it's for. You could actually file a lawsuit, requiring them to restore the dock even if they're not the ones who tore it down. This is because the easement says you have a right to it.

It may help to see if there are any legal aid organizations in your area that assist people with disabilities. You have a right to have the easement restored to the original purpose and use, and they may be able to help.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified
Lucy, Esq. and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 year ago
if I were to leave my kayak in the water but anchored to the easement. or even leave my kayak on the easement itself, and she calls the police on me I won't be charged with trespassing? And, if I am charged with trespassing I can go to court and fight this?
Joycelaw
Joycelaw, Attorney
Category: Real Estate Law
Satisfied Customers: 118
Verified
Phone call session started
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: JA Mentor

Lucy, Esq. 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:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 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

4,998 satisfied customers

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

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I live on the infamous River where there is an easement
I live on the infamous Green River where there is an easement across the back of my property and nexty to the river. Do I have the right to kick anybody off my property and enforce the my private prop… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,905 satisfied customers
I have a question about an easement that is attached to our
Hi, I have a question about an easement that is attached to our Connecticut property. … read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
Question about an easement and a utility pole... A utility
Question about an easement and a utility pole...A utility pole moved to new location on residential property in New Jersey. The process was to install a new pole in a new location, and then move all w… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a shared easement responsibility question. Im not at
Im not at that point yet. I just spoke to my insurance company and asked questions about a potential situation that could get worse. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,064 satisfied customers
I live on a community street that the homeowners are
I live on a community street that the homeowners are responsible for all of the upkeep and maintenance of the street and common areas.. We do have a homeowners association. It is a small gated communi… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,222 satisfied customers
Homeowner gave a 10' easement to sewer district prior to the
Homeowner gave a 10' easement to sewer district prior to the placement of her home on the lot. Builder placed modular home on lot resulting in home being on four feet of the easement. The remaining 6 … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,064 satisfied customers
RETAINING/PARTY WALL abutts easement driveway; who is
rETAINING/PARTY WALL abutts easement driveway; who is responsible to repair/replace the wall? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,064 satisfied customers
When an easement is issued does that change the property
when an easement is issued does that change the property line?? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a homeowner's association question. Our homeowner's
Our homeowner's association is still developer owned - there are no residents on the board. The association has been turned into a "club membership" and amenities have now been opened up to the general public. The developer is being sued by mother, and amenities are now under lien due to this loss in court. I do not want to continue to pay dues as I believe the funds are being mishandled - so need to know if I can do that. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If I own an easement that has an agreement with three
If I own an easement that has an agreement with three neighbors and one of the neighbors sells part of their land to a new owner would they be required to get a new easement agreement with me ? I live… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,540 satisfied customers
Given a utility easement - can the actual owner of the
given a utility easement - can the actual owner of the property- brock it off with a fence- … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
What is the legal definition of homeowners dues in a
What is the legal definition of homeowners dues in a homeowner's association … read more
Jessica B
Jessica B
Juris Doctor
1,316 satisfied customers
There is an "access and utility easement" dedication on a
There is an "access and utility easement" dedication on a plat across a lot in a subdivision. There is no dominant or subservient estate. The dedication only defines it as use for the purpose stated h… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,064 satisfied customers
There is an easement in our property that we bought 3 year
There is an easement in our property that we bought 3 year ago and we want to see our options to get out of it if possible. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,878 satisfied customers
There is an easement on the eastern 10 ft. Of my property to
There is an easement on the eastern 10 ft. Of my property to access the lot behind mine. The owner of the property behind mine pulls into my driveway and crosses my front yard going from west to east … read more
Lucy, Esq.
Lucy, Esq.
Lawyer
32,264 satisfied customers
There is a 20' wide 50' easement at the east end of our
There is a 20' wide 50' long easement at the east end of our property. Our neighbor uses that to enter and leave his property. During the 30+ years we've owned this property we've allowed this neighbo… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,165 satisfied customers
I am trying to prevent an easement from becoming a road. The
Second opinion] I am trying to prevent an easement from becoming a road. The former neighbors have divided acreage to have allow numerous people use my drive to get to the divided enough they construc… read more
LegalGems
LegalGems
Juris Doctorate
12,307 satisfied customers
Can a homeowners association deny a homeowner's application
Can a homeowners association deny a homeowner's application to plant trees within his property borders because it has a drainage easement where the trees will be planted? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 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