Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Real Estate Law (https://www.askmehelpdesk.com/forumdisplay.php?f=29)
-   -   If an easement is showing on my deed ,can a neighbor do things to that property (https://www.askmehelpdesk.com/showthread.php?t=480733)

  • Jun 18, 2010, 07:47 AM
    tmcain
    If an easement is showing on my deed ,can a neighbor do things to that property
    If an easement is showing on my deed ,can a neighbor do things to that property
  • Jun 18, 2010, 08:00 AM
    LisaB4657
    We're going to need a little more info. What kind of easement? Is the easement on your neighbor's property but for your benefit? What is the neighbor trying to do?
  • Jun 18, 2010, 08:11 AM
    tmcain
    Quote:

    Originally Posted by LisaB4657 View Post
    We're going to need a little more info. What kind of easement? Is the easement on your neighbor's property but for your benefit? What is the neighbor trying to do?

    Property easement showing my house, lot and easement behind my lot. As far as I know by what he is saying the easement is not on his property. He is telling me to move the trees and shrub off his line but if I move the trees I can keep the
  • Jun 18, 2010, 08:31 AM
    LisaB4657
    You need to explain a little more. So far I get that you own the property but someone else has an easement over it. What is the purpose of the easement? Who is it for? Are the trees and shrub within the easement?
  • Jun 18, 2010, 08:42 AM
    tmcain
    Quote:

    Originally Posted by LisaB4657 View Post
    You need to explain a little more. So far I get that you own the property but someone else has an easement over it. What is the purpose of the easement? Who is it for? Are the trees and shrub within the easement?

    My property deed shows my lot size and my house sitting on the parcel of land ,on the deed it also shows a 15 ft easement behind my line , the easement being on my deed... does that make the easement part of my property per say... the neighbors house sits higher than my property and slopes down to my property. The easement shows on my property deed , does he have a say so if the easememt is not on his deed
  • Jun 18, 2010, 08:49 AM
    LisaB4657
    It all depends on what the easement is for. A copy of the easement would have been included in the title search that was done when you bought the property. You would have to read it, see what it's for, and see who else has rights to it.
  • Jun 18, 2010, 08:51 AM
    tmcain
    :)
    Quote:

    Originally Posted by LisaB4657 View Post
    It all depends on what the easement is for. A copy of the easement would have been included in the title search that was done when you bought the property. You would have to read it, see what it's for, and see who else has rights to it.

    :) thank you , I'm at work and will have to check that when I get home thanks
  • Jun 18, 2010, 09:42 AM
    ScottGem

    An easement allows a property owner to use adjacent property for some purpose. Usually the property is owned by the local government, but may be owned by the neighbor. Generally an easement is provided so that access can be given to the easement for the purpose of a driveway or utilities or something similar.
  • Jun 18, 2010, 09:47 AM
    AK lawyer
    Quote:

    Originally Posted by tmcain View Post
    my property deed shows my lot size and my house sitting on the parcel of land ,on the deed it also shows a 15 ft easement behind my line , the easement being on my deed ...does that make the easement part of my property per say....the neighbors house sits higher than my property and slopes down to my property. the easement shows on my property deed , does he have a say so if the easememt is not on his deed

    That would be unusual. Usually deeds don't describe improvements such as houses. Also, deeds don't usually "show" a sketch of the property, they simply describe it in so many words. Makes me think that you are referring to something other than a deed.

    In any event, is the easement "to" some other land, such as the land owned by your neighbor? Does it indicate what can be done with the easement (road access, utilities, etc.)? And what exactly does your neighbor want to do on the easement?

  • All times are GMT -7. The time now is 09:17 AM.