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Do you have a recourse about an undisclosed but recorded easement right on your neighbor's property that brought you to have a costly repair of your septic system?
Wiki User
∙ 12y ago
When you purchased your property you were required to purchase title insurance, this sounds as if your septic system is on your neighbor's property, which should have been disclosed to you prior to purchase. The best way to proceed is get the advice of a attorney specializing in land title work.
Best of Luck
AnswerI had this problem before. But what you do is get Lawyer and survey the property and have them find all information and background on the house and land.However, if you have a two house connection with one septic sewer, the Lawyer will find out the law regarding those. If a person who sold you that house still has the house next door to you and still owns it, the lawyer can ask them get their own new Septic system.
I hope this help.
Wiki User
∙ 12y ago
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You gave your son a driveway right away to your property does that cause there to be a lien on your property?
It should not if it is properly recorded as a property easement.
Can dominant estate having a right of way easement shift the easement to entirely separate another property from the easement?
No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.
If a property owner granted a utility company an easement after decades of licensed use does recording of the easement eliminate any prescriptive claims?
There would be no prescriptive claims in any case: licensed use is not hostile and a recorded easement presumes fair consideration.
Can a telephone company attach lines to your property without your permission?
If the telephone company has a recorded easement against your property, they may install telephone lines to the extent allowed by the easement. You can find out whether there is such an easement against your property by looking in the title insurance policy you received when you bought your property. If you see a telephone easement listed, you can get a copy of it at your county courthouse. If you don't see any telephone easements in the policy, or have questions about the extent of such easements, call the title insurance company.
Can an easement be blocked?
If an easement is a legal easement as described in a legally filed deed then no an easement can not be blocked. The only way an easement can be released is again through a release by all parties on a recorded deed.
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 is a private nonexclusive easement?
An "easement" is a legal right to use the property owned by another person (i.e. the person who granted the easement). An easement is usually created by a recorded document, whether a deed or an easement agreement. The purpose of the easement (for example, a driveway or a walking path) is whatever permitted use is stated in the easement document. The fact that the easement is "perpetual" means that the easement has no term and will continue indefinitely. An easement that is "non-exclusive" simply is an easement that someone else may also use. This might mean the person who granted the easement or whoever else may be identified in the easement document. The easement document should state who else may use the easement. A perpetual easement usually "runs with the land", meaning that the easement continues in effect regardless of whether the property benefited by the easement is sold or if the property burdened by the easement is sold.
How is an implied easement created?
An easement that is "implied" does not, in fact, legally exist - it is only IMPLIED. [Example: I own the farm field behind yours, and it is easier for me to reach it by driving my tractor over your property. We're both good friends and you have no problem with this arrangement, and I've been doing it for years. Therefore - even though there is no legally recorded easement over your property, there is an implied consent, because you have been allowing me to do it.]
If applying for an easement over your land by precription and has sold property whilst dispute is on does that make claim nul and void?
If you are the one who has filed a claim for a prescriptive easement over another person's property you should have recorded a notice of your claim in the land records. That notice is called a lis pendens. If someone has filed a claim to acquire a prescriptive easement over your property you must let a buyer know of the claim if you know about it. You should seek the advice of an attorney.
Do you measure property from the utility line or the building line?
you need to read the deed description carefully to determine where the property lines are. A building line is generally not a property line. As for the utility easement area, your property may run up to the easement line or the easement may be on your property. If you do not understand the description in your deed you should contact the attorney who represented you at the time of purchase and ask her to review the deed with you. There may be a survey of your property recorded in the land records. You could also take your deed with you to the town assessor's office where you may be able to obtain a copy of the assessor's map that shows the location and dimensions of your lot.
Does a city have an easement even if not stated in the deed?
Many easements are not in the property deed. They may arise from other deeds (especially deeded easements), subdivision plats, or other recorded documents (court orders, etc), or could become easements by some legal process (such as adverse possession, or easement by prescription or by necessity). A title search may turn up indicators of easements not in the property deed, but not necessarily all rights are recorded.
Is an oral agreement enforceable between two parties to add fencing along an easement?
If the terms of an easement are to be changed, the changes should be in writing, signed by the landowner and the easement holder, notarized and then recorded in the land records. The amendment should be referenced to the original easement agreement.
