Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Other Real Estate Law Questions

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-19-2005, 05:03 PM
Registered User
 
Join Date: Aug 2005
Posts: 4

Easement Issue


What is the name of your state?TN
I live in an older home in a downtown area with a very small yard. When the house was built(around 1930) there was a shared garage used by 4 houses. My deed gives me the right to park in the garage, and rights to ingress/egress across two other yards. Three other homeowners have ingress/egress rights across my property. The deed also specifies that no vehicles of any kind are to be parked on the right of way. The garage was torn down over 30 years ago and fences have been placed by all of the other neighbors blocking the right of way. Since the garage has been torn down, and fences have been erected by previous owners is the easement still valid? I have a new neighbor that says he still has rights to ingress/egress and is going to start parking in his back yard. As I stated before the yards are very small and if he parks in his yard it would completely fill the yard blocking MY right of ingress/egress through his property. Since the deed specifically prohibits vehicles being parked on the right of way, can he do this? His deed states that even though the garage is destroyed, he still maintains his right to ingress/egress.
  #2  
Old 08-20-2005, 11:49 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by MIKEY123
What is the name of your state?TN
I live in an older home in a downtown area with a very small yard. When the house was built(around 1930) there was a shared garage used by 4 houses. My deed gives me the right to park in the garage, and rights to ingress/egress across two other yards. Three other homeowners have ingress/egress rights across my property. The deed also specifies that no vehicles of any kind are to be parked on the right of way. The garage was torn down over 30 years ago and fences have been placed by all of the other neighbors blocking the right of way. Since the garage has been torn down, and fences have been erected by previous owners is the easement still valid? I have a new neighbor that says he still has rights to ingress/egress and is going to start parking in his back yard. As I stated before the yards are very small and if he parks in his yard it would completely fill the yard blocking MY right of ingress/egress through his property. Since the deed specifically prohibits vehicles being parked on the right of way, can he do this? His deed states that even though the garage is destroyed, he still maintains his right to ingress/egress.

**A: have an attorney review the easement agreement.
  #3  
Old 08-22-2005, 12:40 PM
Registered User
 
Join Date: Aug 2005
Posts: 4
Thanks for the useless reply. If I wanted to see an attorney would I be using the free advice forum? Does anyone else have any ideas?
  #4  
Old 08-22-2005, 12:50 PM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Quote:
Originally Posted by MIKEY123
Thanks for the useless reply. If I wanted to see an attorney would I be using the free advice forum? Does anyone else have any ideas?
Well hell yes I do.

1. hold the easement agreement up to the monitor and we'll take a look at it.

2. take the easement agreement to your local mechanic for a thorough overhaul.

3. Wipe your ass with your easement agreement, OR;

4. Take the damn thing to a local attorney who can read it and reply with some semblence of knowledge as to the local statutes and your particular situation.

Now, feel all better???
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #5  
Old 08-22-2005, 04:47 PM
Registered User
 
Join Date: Aug 2005
Posts: 4
Wouldn't it just be easier to say "I DON'T KNOW"? I guess that wouldn't allow you the opportunity to act like a horses ass!
  #6  
Old 08-22-2005, 04:59 PM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Quote:
Originally Posted by MIKEY123
Wouldn't it just be easier to say "I DON'T KNOW"? I guess that wouldn't allow you the opportunity to act like a horses ass!
Oh, but I do know. It's you that's ignorant enough to think that any responsible person would give you a valid legal answer without even reading the easement agreement.

DUFUS!
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #7  
Old 08-23-2005, 09:37 AM
Registered User
 
Join Date: Aug 2005
Posts: 4
Smile

Let me explain. I have Stage IV Kidney Disesease. I am unemployed/unemployable.. Too sick to work, not sick enough for disability. There is no easement agreement, easement doesn't appear on survey plat. I have discussed with an attorney who advised there are problems with the case, $1000 to get started, 2- 3k if we go to court. I am living off savings and can't spend thousands if I will most likekly lose. All references to easment are in deeds. I have that information. My deed, the neighbors deed, and the original deed to my property that is referenced on other deeds regarding the easement. If anyone can help, I can provide that information. I am in a serious dilemma, and would really appreciate any help, advice, or opinion.
  #8  
Old 08-23-2005, 10:07 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by MIKEY123
Let me explain. I have Stage IV Kidney Disesease. I am unemployed/unemployable.. Too sick to work, not sick enough for disability. There is no easement agreement, easement doesn't appear on survey plat. I have discussed with an attorney who advised there are problems with the case, $1000 to get started, 2- 3k if we go to court. I am living off savings and can't spend thousands if I will most likekly lose. All references to easment are in deeds. I have that information. My deed, the neighbors deed, and the original deed to my property that is referenced on other deeds regarding the easement. If anyone can help, I can provide that information. I am in a serious dilemma, and would really appreciate any help, advice, or opinion.

**A: your attitude sucks. You get nothing from us.
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 06:59 PM.



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.