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-   -   Easement issues (https://www.askmehelpdesk.com/showthread.php?t=313217)

  • Feb 3, 2009, 12:55 PM
    Orange2008
    Easement issues
    Quote:

    Originally Posted by LisaB4657 View Post
    Sorry. NJ law requires that you maintain the property for at least 30 years, that you prevented other people from using the property, that your use of the property was obvious to others and that you did this without the permission of the owner.

    I have the same basic question but in Oklahoma. The easement next to us (between us & the roadway easement) is 30' wide & about 146' deep along our property. It continues past our property & was originally part of the neighborhood. The neighborhood went bankrupt YEARS ago and auctioned off these easements so now there is a private owner (who obviously has no interest in it now). We have owned our property for just almost 6 years and have maintained this easement the entire time. If we didn't, it would 10' high in weeds so for us, that is not an option. Do we have any rights to this property? And if so, what do we need to do?
  • Feb 3, 2009, 01:13 PM
    LisaB4657
    In Oklahoma the time is 15 years. And just maintenance is not enough. You also have to show that you prevented others, including the owner, from using or accessing the property.
  • Feb 3, 2009, 11:17 PM
    Orange2008
    Quote:

    Originally Posted by LisaB4657 View Post
    In Oklahoma the time period is 15 years. And just maintenance is not enough. You also have to show that you prevented others, including the owner, from using or accessing the property.

    Preventing others from accessing or using the property? Does anyone want to access or use it? Check it out for yourself... The black paint line is our property, then it's 30' of easement before the road easement. I don't know exactly where the power polls hit.
    http://i85.photobucket.com/albums/k4...-05-26-086.jpg
    http://i85.photobucket.com/albums/k4...g-05-26-08.jpg

    Should I fence this & that would prevent access because NO ONE is going to try to use or access it?? I don't even think the owners have given this a thought for years.
  • Feb 4, 2009, 06:43 AM
    LisaB4657
    If you're serious about trying to take title to this property by adverse possession then you should speak to a real estate attorney in your area about the things that you will need to do for the next 15 years.
  • Feb 4, 2009, 07:14 PM
    Orange2008
    Quote:

    Originally Posted by LisaB4657 View Post
    If you're serious about trying to take title to this property by adverse possession then you should speak to a real estate attorney in your area about the things that you will need to do for the next 15 years.

    Okay. Well, I could try to contact the owner & buy it. It's not worth much though! It has no real value. I think they paid $200 or something for it. Should I do that first?
  • Feb 4, 2009, 07:20 PM
    Fr_Chuck

    Have they been paying taxes ( property taxes) on this all of these years since they bought it for 200 dollars??

    I guess that would be my first stop, to see who owns it, and to see who is paying the taxes,

    But it appears to still be an easment? Have you planted anything on it, put a buiding on it, crossed it with a fence
  • Feb 4, 2009, 07:47 PM
    Orange2008

    We've done nothing with it except reshape the hillside when we build the house & sod part ot it & maintain it.

    I don't know about the taxes. It would seem pointless to own this wouldn't it? Unless, like for us, we could add it to our property.
  • Feb 4, 2009, 07:54 PM
    ScottGem

    Its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.
  • Feb 4, 2009, 08:01 PM
    Fr_Chuck

    I ask about the taxes, it well could have transferred ownership back to the county for taxes.
    So normally you want to tract and follow the money trail.
  • Feb 4, 2009, 09:53 PM
    Orange2008
    Quote:

    Originally Posted by ScottGem View Post
    Its not a good idea to piggyback your question on someone elses. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

    Thanks, sorry!
  • Feb 4, 2009, 09:54 PM
    Orange2008
    Quote:

    Originally Posted by Fr_Chuck View Post
    I ask about the taxes, it well could have transfered ownership back to the county for taxes.
    So normally you want to tract and follow the money trail.

    Okay, great!

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