Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Buying & Selling a Home

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 12-01-2004, 06:25 PM
keifus
Guest
 
Posts: n/a

Question about easement


What is the name of your state?What is the name of your state? California.
My neighbor who live behind me has easement rights of ingress and egress to his property across my property.This also includes utility easements. She has sold her house and says that the buyer plans to renove the Cypress trees along the drive and put in a block wall because she says that the property is hers.It was an easement granted from my property. The city says that she cant't build anything on an easement.Who's right?
  #2  
Old 12-02-2004, 05:10 AM
Senior Member
 
Join Date: Apr 2002
Location: snowland
Posts: 6,830
Do you have a current survey wich shows the lay out of the easement ? Have you reviewed the easement word for word to learn exactly what it says the user can and cannot do ? Do your self a favor and take non digital pictures of the entire area that the easement covers . then go gather up all your documents and if the user of the easement has not been given any right to clear land or do any maintanence task on the easement then go see a real estate atty who can review the docs and then if all goes well the atty can send them a letter advising them to not make any changes to land they dont own and telling them they will be sued should they make any changes they arent permitted to make .
  #3  
Old 12-08-2004, 07:35 AM
Member
 
Join Date: Dec 2004
Posts: 396
Quote:
Originally Posted by keifus
What is the name of your state?What is the name of your state? California.
My neighbor who live behind me has easement rights of ingress and egress to his property across my property.This also includes utility easements. She has sold her house and says that the buyer plans to renove the Cypress trees along the drive and put in a block wall because she says that the property is hers.It was an easement granted from my property. The city says that she cant't build anything on an easement.Who's right?
If a person has an easement he/she doesn't "own" the property. An easement is a right to use a piece of property for a particular purpose, in this case the purpose appears to be use part of your property for a driveway. It's doubtful she would be able to remove trees and install a block wall.

Of course additional facts might indicate it's not an easement but rather "adverse possession". That is when someone is using your property for a long period of time and it is used in such a way that the person using the property is believed to be the owner of the property. Long story.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 11:30 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.