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An easement is a specific right in, over, or under land for a specific purpose and is considered to be one of the "bundle of rights" which goes with landownership (fee simple title). Ownership of the land itself does not transfer with an easement. Therefore land which is subject to an easement is known as the "subservient fee."
Bought house 23 years ago had easement with Golf course to use cart path corporation sold property 6 years ago to state of New Jersey now a nature preserve. No park rangers etc. people dogs without leashes all over my yard put up temporary Fencing they tote it down,plus I don’t want to be liable for the people they are allowing to roam on my propert if the easement was between me and golf course ,and it was sold I was told at settlement easement was no longer in effect. State trying to keep it,how do I get it removed can’t afford a lawyer husband was found dead in chair 5 months ago living on $634.00 per month. They are haressing me and causing my severe medical conditions to worsen .i have had to be put on stronger blood pressure meds and anxiety medicine. Please,please help me
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Why is your neighbors easement listed on your warranty deed?
Your land must be subject to the easement.
Do easements on land transfer during bankruptcy?
If the easements affected the land prior to the granting of the mortgages the property remains subject to or with the benefit of those easements. If an easement was granted aftera mortgage and the lender consented then the property will pass subject to the easement.
How do you value an easement?
The customary way of appraising an easement to is valuate the land as if unencumbered by the easement and the land as encumbered; the difference between the two values is the value of the easement.
Can a property easement be removed from a deed?
You can't have an easement removed from your land. You purchased the land subject to the easement because a prior owner granted another party some sort of rights in your land. The only way to remove the burden of an easement is to obtain a release in writing from the owner of the easement and then record the release in the land records. If the easement is used for access, it cannot be removed. Evidence of an easement can be removed from the deed description for land, however, removing the language from the deed will not affect the easement right. The easement will be disclosed during a title examination. In Massachusetts if the instrument that created the easement appears in the chain of title then it encumbers the property whether or not the easement is recited in subsequent deeds. That is a major reason to have a title examination performed by a professional. The title exam reveals encumbrances that are not recited on the deed and must cover a period of 50 years in. That period varies from state to state.
Can an easement be removed if the person who owns it doesn't know it exists and it wasn't needed in the first place?
NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.
May children play on an easement without violating the terms of the easement?
It really depends on the nature of the easement. And the nature of the easement depends on the terms of the easement. Appart from state law which generally defines an easement, the terms of the individual easement usually limit the usage of the easement property...or rather subject the holder of the rest of the property and what is left after the use of the easement to what can and cannot be done on/with/to the land/sky/land beneath the easement. (It is convenient to see an easement as an area with clear boundries, most of the time; however, easements are really rights to use the area a certain way in opposition to the holder of all the other rights to do with it as he pleases.) You really have to know the terms of the easement.
Can you use your own land inside not blocking an easement?
Yes. As long as you do not impede the easement rights of the owner of the easement.
What is a servitude of passage?
It is an easement over the land of another that confers a right of passage: a right of way.It is an easement over the land of another that confers a right of passage: a right of way.It is an easement over the land of another that confers a right of passage: a right of way.It is an easement over the land of another that confers a right of passage: a right of way.
What does the word successors mean in land easement?
In the context of a land easement, successors refer to the individuals or entities who inherit or assume ownership of the property burdened by the easement after the current owner. They would be bound by the terms and conditions of the easement agreement as outlined in the legal documentation.
Is there a usufruct over easement?
Usufruct is the legal right to use property that belongs to another person or entity. In many legal usufruct systems of property individuals or groups may only acquire the usufruct of the property, not legal land ownership.You need to review the language in the instrument that created the easement to determine if the affected land can be used for other purposes. If you are the person to whom the easement was granted your use of the land encumbered by the easement is generally restricted to the use defined in the easement. If you granted the easement to another party the easement agreement may prohibit certain uses of the land encumbered by the easement.
Do you have to sign an easement?
To be effective an easement must be signed by the grantor, acknowledged and recorded in the land records.
What rights do you have to a part of your property which is a temporary turn around easement?
If you purchased property that is subject to a temporary turn-around easement there should be a time limit also included in that reservation. Until the time has passed and the easement is extinguished you must allow anyone with a right to use the easement unimpeded access. You can't block access or use the land for any other purpose until the easement has expired.
