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Questions tagged [easement]

39 questions
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Trespass against easements?

Say someone has an easement across my land to access their property. They have an easement, so I am not allowed to interfere with their use of my land. I can't stand there and block their way. If two hundred other people come into my land to stop…
interfect
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Made aware of a utility easement a year on

Assume that around 1911 a utility sewer is laid down on private land with an easement that was limited “until a public sewer pipe be built”, with the document being properly filed. Such a construction never happens and the easement eventually is…
Sarah
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What is a "Right of a seat in church" Easement attached to land

I was casually reviewing property statutes for Oklahoma, as one is wont to do, when I came upon: 60 OK Stat s60-49: The following land burdens or servitudes upon land, may be attached to other land as incidents or appurtenances, and are then called…
Andrew
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Can a single easement have multiple dominant tenements, or are they multiple easements?

In Florida USA, a single deed granted an easement for water access over a specific piece of land (servient tenement), for the benefit of approx two dozen specific lots of land nearby (dominant tenement(s)), the which had various owners and have…
Usas
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Can an abutter park on my property if they have a right of way easement?

I have a private road that goes around the perimeter of my property and is on my property. The abutters that use the road do so via a "right of way" easement. Sometimes people, especially contractors, are parking on the roadway. Do they have the…
Cicero
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is Comcast a utility? do they have a legal right to access utility easements?

In my small town (Lafayette, CO), Comcast is upgrading the fiber network which involves going onto residents' properties to access the green box in the yard. For reasons beyond my comprehension, one of our residents thinks that Comcast owes him $10k…
Alex Woolford
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Hunting rights to land but do not own the land

If a person inherits the hunting rights that are deeded and recorded, can the land owner force one to give the hunting rights back to him just because he wants to sell the land?
Shelby
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Can I build on an easement?

I live in Jackson County, Illinois. I failed to check if there was an easement before buying my house, and got saddled with a 50-foot-wide ingress/egress easement. I know this is unusual, but it really isn't a utility easement. The owner apparently…
LuminousNutria
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What access rights do I have as a patented mine owner?

I recently purchased a historic patented mine. There is an extensive tunnel network but some of the tunnels leading to my property have entrances off my property on National Forest land. There used to be a tunnel claim, however, that claim has…
user44143
3
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Can a restrictive covenant deny a land owner the right to use a road on their own property?

If an easement appurtenant grants access to a property for the purpose of traversing it, can it also restrict the servient estate from any use of that way of access? I am wondering about the enforceability of a restrictive covenant on a deed that…
Cicero
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Cut off from a easement right of way through severance? 1.0.3 Division of Dominant

I've made a little video of my question since I think its best drawn out to understand my question fully. I will try to explain it quickly via words but best to review my video. There was a parcel of land in Ontario. An entire 200 concession lot.…
dwalker
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Water line is NOT in legal easement

I purchased land last year and have 4 easements on my property. It has been discovered that the water line to my dominant easement holder is NOT in the easement. It is at least 25ft outside the legal easement. The elderly gentleman did not know at…
Kimberly Curls
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Is this an implied easement?

I'm looking to purchase some property in Ontario. The property in question is between two other properties. The owners of the properties on each side have created a path through the wooded area to access each other, but the path is not required to…
Belgin Fish
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Bar Exam Question: Easements

Here's the question: Frank owned two adjacent parcels, Blackacre and Whiteacre. Blackacre fronts on a poor unpaved public road, while Whiteacre fronts on Route 20, a paved major highway. Fifteen years ago, Frank conveyed to his son, Sam, Blackacre…
cansqui
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Easement doesn’t exist on private property from city utility

What if any backpay could be sought from a city utility in IA that ran their main waterline diagonally across a 3.25 acre private property without obtaining an easement to do so for 56 years? The service line is only about six feet long from the…
Mary Underwood
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