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Any real estate attorneys in OT ??

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  1. GLMM GLMM is offline

    Whitman, MA
    United States

    Posts: 1,240
    Joined: May 06

    May 7th, 2007 (5/7/2007 10:48am)

    I have an issue with an easement on my property, anyone have any knowledge of this..??

    How long before I get a "GTFO" ??? hmm...
  2. terva terva is offline

    Finland

    Posts: 1,302
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    May 7th, 2007 (5/7/2007 10:49am) in reply to GLMM

    GTFO!
  3. GLMM GLMM is offline

    Whitman, MA
    United States

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    May 7th, 2007 (5/7/2007 10:51am) in reply to terva

    ^^^^ 1 Minute..Nice Job!!!
    Thread Starter
  4. SluggerWV SluggerWV is offline A picture is worth a thousand words.

    Posts: 45,409
    Joined: Nov 05

    May 7th, 2007 (5/7/2007 11:11am) in reply to GLMM

    where do you live
  5. CrownMyCoke CrownMyCoke is offline

    Alpharetta, GA
    United States

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    May 7th, 2007 (5/7/2007 11:18am) in reply to SluggerWV

    <TABLE cellSpacing=0 cellPadding=3 width=231 border=0><TBODY><TR><TD vAlign=top>Location</TD><TD vAlign=top>SOUTH OF BOSTON �</TD></TR></TBODY></TABLE>
    Not being a smartass either Slugger
  6. Unforseen Unforseen is online now

    Posts: 7,622
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    May 7th, 2007 (5/7/2007 11:42am) in reply to CrownMyCoke

    I usually PM murderer about my real estate issues.
  7. dbcoyotes23 dbcoyotes23 is offline

    Huntsville
    Canada

    Posts: 372
    Joined: Mar 07

    May 7th, 2007 (5/7/2007 11:45am) in reply to GLMM

    What is your concern with the easement?
    How old is it?
    Is it still actively being used? (i.e. electrical wires, water or sewer lines, etc.)
  8. GLMM GLMM is offline

    Whitman, MA
    United States

    Posts: 1,240
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    May 7th, 2007 (5/7/2007 12:02pm) in reply to dbcoyotes23

    db,
    thats just it..its very old..back in the 60's there was no access to the rear of my neighbor's yard,therefore my driveway was used as a right of way.. (my lot at that time was some type of business).

    since then,an access street was added,and my neighbor has a driveway which he can use to get into his yard,therefore making the easement unnecessary.

    But,he did make it a point to mention it when I moved in 3 yrs ago..

    So I put up a fence this weekend,and I'm just waiting for the knock at the door in which I will tell him to GTFO if he is going to be a dick about it.
    Thread Starter
  9. dbcoyotes23 dbcoyotes23 is offline

    Huntsville
    Canada

    Posts: 372
    Joined: Mar 07

    May 7th, 2007 (5/7/2007 12:44pm) in reply to GLMM

    If the right of way was registered on the title of your property, your neighbour still has the right to use it even if a new access road has been created.

    You may want to see a lawyer in your state to have the easement removed with your neighbour's consent. Should be easy to do if there is another access and your neighbour is reasonable.

    On the other hand your neighbour could go to court, force you to remove the fence and maybe even get damages from you for not being able to use the driveway for a period of time. Again, see a lawyer.
  10. pace13 pace13 is offline

    Brentwood, CA
    United States

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    May 7th, 2007 (5/7/2007 1:03pm) in reply to dbcoyotes23

    if forced to take the fence down, I might see to it that any tires that use that driveway end up with nails and shit in them....its go time!
  11. GLMM GLMM is offline

    Whitman, MA
    United States

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    May 7th, 2007 (5/7/2007 1:04pm) in reply to dbcoyotes23

    So what your saying,in laymans' terms, is that even though he has his own driveway which leads into his yard,he could still legally break my balls and in court a judge would accept his case and I would be in the wrong.

    One other question, so even if the original purpose for the easement has been rectified ,it doesn't nullify the easement ??

    Wouldn't he have to prove that there is a necessary purpose for using my driveway instead of his own?? I mean,its not the main entrance,just an easement.. I would have to say that it cannot be abused.
    Thread Starter
  12. gosalukis83 gosalukis83 is offline

    Murphysboro, IL
    United States

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    May 7th, 2007 (5/7/2007 1:12pm) in reply to GLMM

    Depends on how the easement was obtained in the first place.

    If he paid money (consideration in legal terms) then the easement will still be there no matter what. But, if it was an easement called an "implied easement by necessity" then you might be able to claim he doesnt need it anymore.

    Implied easement by necessity could be called something different in your state. It just all depends. But basically what you have to prove is that at one time someone owned both your land and your neighbors hand. Then that person separated the two parcels of land creating a landlocked piece of land. Finally you need to show that it was contemplated at the time of the separation that the easement would be used to benefit both parcels of land. That is a VERY basic legal analysis.
  13. GLMM GLMM is offline

    Whitman, MA
    United States

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    May 7th, 2007 (5/7/2007 1:16pm) in reply to gosalukis83

    Based on some research that I had done,the current owner did not own the house when the easement was created.
    Thread Starter
  14. gosalukis83 gosalukis83 is offline

    Murphysboro, IL
    United States

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    May 7th, 2007 (5/7/2007 1:21pm) in reply to GLMM

    Go to the county recorders office at the County Courthouse and take a look at your neighbor's deed.

    His deed should say if there are easements over your land or not. Also, the deed should make reference to a book in the recorders office where you can find a paper copy of the easement, provided that your neighbor registered it in the first place. Check to see if it was paid for (even $1 is enough to be valid).

    A better situation prolly would be to do the neighborly thing and go talk to the dude. See if you can purchase the easement back from him or maybe he will just be nice enough to stop using it if you have a valid reason.
  15. dbcoyotes23 dbcoyotes23 is offline

    Huntsville
    Canada

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    May 7th, 2007 (5/7/2007 4:47pm) in reply to gosalukis83

    I have to agree with gosalukis, go talk to your neighbour and give him a good reason why you would like the easement removed from your title. It may save a lot of time and aggravation down the road.
  16. Numan Numan is offline

    United States Minor Outlying Islands

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    May 7th, 2007 (5/7/2007 6:48pm) in reply to dbcoyotes23

    might he have to pay a little consideration to remove the easement?
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