Easement Access Laws

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A common law way of necessity is an easement which arises when an owner sells a portion of his or her land and either (a) the portion sold has no practical access to a public road except over the remaining lands of the seller, or (b) the remaining lands retained by the seller have no practical access to a public road except over the land sold.

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Posted in: Easement laws in californiaShow details

A. Easement Price (I) The cooperatiug entity may opt for either of these two methods to determine the affect ofthe conservation easement on the subject property in accordance with these instructions, a An Uniform Standards of Professional Appraisal Practice (USPAP) appraisal

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Posted in: City easement lawsShow details

Real estate without legal access to a public road is called landlocked property.Title insurance policies exist to protect mortgage lenders and homeowners from the costs of dealing with burdens on a property’s title. Standard title insurance usually covers lack of access. This means it can help pay for the costs associated with obtaining an easement if a …

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Posted in: Property line easement lawShow details

Art. 635. All matters concerning easements established for public or communal use shall be governed by the special laws and regulations relating thereto, and, in the absence thereof, by the provisions of this Title. (550) Art. 636. Easements established by law in the interest of private persons or for private use shall be governed by the

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Posted in: Easement laws in ncShow details

The access to the property is without permission, but the owner has done nothing to put a stop to it. Different courts have different laws governing the amount of time it takes for an easement to be implied, and different jurisdictions have different rules, too. This sort of access easement doesn’t exist everywhere.

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Posted in: Land easement lawShow details

A property easement is generally written and recorded with the local assessor’s office. The documented easement will show up when a title search is conducted and it stays there indefinitely, unless both parties agree to remove it. Without getting too deep into legal details, here are the types of easements worth knowing about. 1.

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Posted in: Property easement lawsShow details

Property is shown on the Access Easement Map on Exhibit D. 2. Use of Access Easement. The purpose of the Access Easement is to provide year-round pedestrian and vehicular access to and from the Protected Property by the Easement Holder, its agents and personnel and the Wisconsin Department of Natural Resources, its agents and personnel.

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Posted in: County easement lawsShow details

The most common reason that I’ve seen cause a land transaction to fall apart in Western NC is when there is a lack of legal access. Examples include one seller who owned land with a home she lived in for 30 years, but when the title work was done to sell the property, the attorney determined there was no recorded right of way to the property through the five …

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Posted in: Utility easement lawShow details

Generally. An easement, in its most common and basic sense, is a right of use, e.g. to cross another’s land, to lay utility and sewer lines, to provide or share use for ingress and egress to one or more properties, etc.. Most easements are “appurtenant”, that is, the landowner with the right of use, and the owner of the land over which it runs, are contiguous.

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Posted in: Law CommonsShow details

Our Unique Experience in and Around Tacoma. At the Brink Law Firm, real estate is all we do. Every day, we work to make transactions, deals, and projects come together—both for our clients, and for our own projects. Attorney Terry Brink has over 50 years of boots-on-the-ground experience in the South Sound real estate industry.

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Posted in: Estate Law, Real Estate LawShow details

1. Grant. The easement granted hereby shall be for ingress and egress to, from, upon and over the Property described to provide access to other property owned by Grantee. 2. Streets. The Grantee may construct a permanent street or road on the Property. 3. Failure to Improve.

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Posted in: Form Law, Property LawShow details

x Apparent Easements: If there is physical evidence of an easement with no record, such as an underground gas line, overhead utility, access tracks, etc., then the location of the evidence must be shown on the plat. Easements that are uniform throughout the subdivision may be shown in the LEGEND or in a separate “typical” drawing. Be sure to

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Posted in: Form LawShow details

easement occurs when a property owner gives an easement to a dominant estate. For example, if a common owner of two parcels sells the parcel away from the public road and retains the front parcel that has access, such owner would grant an easement for …

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Posted in: Estate Law, Property LawShow details

Express Easements. An express easement is created by deed, contract or other written legal agreement. An express easement is the fastest and most cost-effective way to establish access to a property. Utility Easements. Utility companies will normally have written and recorded easements granting access to properties that they service.

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Posted in: Contract Law, Estate LawShow details

An easement is a non-possessory right of use in the land of another. Easements are generally divided into two catergories: 1. Easements Appurtenant – An easement appurtenant is an easement which benefits adjoining property, regardless of who owns that property. For an easement appurtenant to exist, there must be a dominant estate which benefits from the …

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Posted in: Estate Law, Property LawShow details

Easement owners have a legal right to maintain the easement and have a legal right of access across the easement. An easement owner's removal of trees, limbs, and fences may be controversial, but these actions are typically lawful. However, one should always review the original documents that granted the easement since there may be special

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Posted in: Document LawShow details

• “The distinguishing feature between an easement and a profit a`Prendre is that the easement gives its owner only a right to use the land of another (or prevent use in certain ways) with no right to remove some specified product of the soil from the land.” • Webster’s Real Estate Law in North Carolina (fifth Edition),§15-36. 5

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Posted in: Estate Law, Real Estate LawShow details

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Frequently Asked Questions

What is an access easement on a property?

An access easement is a right to pass over someone else’s property for – you guessed it – access. Other types of easements exist that are not for access, such as an easement to place and operate a cell tower on someone’s land. A private road also provides access to one’s land.

Can you use an easement on private land?

This is the only type of easement that gives you the legal right to use someone’s private land to access your land when you do not have direct access to a Country Road or other Public Road. No other type of easement gives you the legal right to cross someone’s private land to access your land.

What does it mean to have an easement by necessity?

As mentioned above, an easement by necessity is an easement that is created by law to allow a person to have a right of access to their property. If your land is subject to an easement by necessity you cannot interfere with your neighbor’s use of the easement to access their home.

What happens if you dont have an easement?

Without a documented easement, land that does not have access to a public road loses a tremendous portion of its value, since being inaccessible, it is not usable. Even if a property has access to a public road, it still may be very important to have another type of access.

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