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  #1  
Old 07-03-2005, 09:27 PM
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Join Date: Jul 2005
Posts: 2

cant take anymore


What is the name of your state?ohio
i bought my house three years ago my wife and three yr old live with me my problem starts with an easment on the driveway if my neighbor wasnt so mean it wouldnt be a issue but he is in the deed it says that the easmrnt is on the concrete driveway which is from the road to the front of our garages and more behind my house well about a year ago he put a section of fence from the corner of his garage down the property line up to almost the back of the houses my big question is there anyway of getting the easment removed to make things even better the city even issued him a permit to put the fence up and never checked if there was an easment

any help please

ps do i have any recourse against the city

thanks

Last edited by ohioelcamino; 07-03-2005 at 09:36 PM. Reason: hit wrong button
  #2  
Old 07-04-2005, 11:45 AM
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Join Date: Jan 2003
Posts: 19,959
So WHAT exactly is the easement shown in your title report? Is the fence on his property? It is NOT clear from your post upon WHOSE land the fence was erected? What does the recordeds easment agreement allow?

If it was placed on YOUR land, and you can establish this by survey, you may be able to take legal action to remove the encroachment if you have not allowed it to remain too long. Permit or not. Permit has no bearing upon whether the fence was located properly and is legally on his or your land. I have seen structures built with permits successfully challenged when they were, either not in compliance with deed restrictions, or placed incorrectly.
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Last edited by nextwife; 07-04-2005 at 11:55 AM.
  #3  
Old 07-04-2005, 07:57 PM
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Join Date: Jul 2005
Posts: 2

driveway


ohio the fence is on his side of the line but the easment is on all concrete
in the deed it says easment on concrete drive
its very vague in the wording but is there anyway to romove the easement
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