I remember my law class example of a prescriptive easement was when a blind guy used to walk through a property on an continual basis for many years without the owner ever objecting. Then, the property was sold and the new owner put up a fence and he could no longer walk through the property. He sued and won, and the owner had to take the fence down.
My parents just bought property that has either a conservation easement or a setback to where they have to have area aeound their main property set aside for migrating animals. My mother actually chose their property because of this migration route.
1:45 Define Easement :-0) A road Right of Way is a special type of easement. In Kansas, the subservient land owner retains right to full use of the land of thr righjt of way so long as that use does not unreasonably interfere with the purpose of the easement (public travel/communication). There have even been cases where part of a permanent structure was on the right of way but was not actionable because it did not interfere with pubilc's use of the roadway. A fee purchase of a "plat" does not necessarily include the right of way which can continue to be fee owned by the developer or the city.
Keep in mind that easements typically are very specific as to where, what, who and sometimes even when the dominant property might be able to enjoy the use of an easement. For example, if a property is burdened with a access easement for a neighboring property or driveway easement. The easement only grants ingress and egress over a very specific area and only for that reason. So the dominant property could never use the servient property for anything but the access, period. So if a perosn of the dominant property wanted to practice basket ball dribbling in the easement, the servient estate could forbid this. This typically holds true for pathway easements such as residents in a private community to gain access to a water feature such as a shared dock. The property owner who is burdened with the easement can install a locked gate or even several locked gates to limit the easement use to only the residents in the community as long as keys or combinations to then locks are provided to the community residents. This makes access possible but more difficult and puts the onus of access on the grantees or dominant party to ensure that they brought the key(s) to unlock the gate. The same can be done with parking easements. A parking easement typically cannot state that a specific parking spot is must always be allocated to the dominant party because that would mean that the property would not really be owned by the servient estate or property. Typically the language would say, “the dominant property is granted the use of one (1) out of say three number of available spaces. This does not mean that the servient estate cannot use any of the three parking spaces and still enjoys the full use of the property so long as at least one of the spaces is made available. This is 24 hours a day mind you, so if the servient estate wants to use a space that is occupied by the dominant party at say 3am, the servient estate can request that car be moved to another space. The servient estate can be very hostile to the dominant estate if they desire (put in the work)
Hi, I have a property with an easement for people down the street to travel through with vehicles to their dwellings. This year they decided to “decorate” along the side of the road or easement. Now I don’t want permanent or semi permanent objects of theirs in my yard. Isn’t the easement for their travels only? Thank you!
Yes, only for the customary historic use that has been "allowed by the owner". If decorations are left on your property, you can collect them, attempt to find the owner for returning them, and in time, discard them or keep them.
Yeah, that's not their right to decorate it. It's still your property, and they have only the right of access to their properties. Generally speaking. I have no idea what your specific easement language is, and maybe it mentions decorations. But I doubt it.
I would love for your interpretation on my ongoing easement issues. Someone not owning the land granted an easement almost 50 years ago and the adjacent lot has never gained access through the property. I dont feel they have right to take down the trees to create access to this property nor do they have permission to even access the lot because the original grantor did not hold ownership when granting the easement.
"Someone not owning the land granted an easement" It would be a nullity. Only the fee owner (grantor) can "grant" an easement. That said, easement can also be created without a "grant" by prescription or of necessity -- but those uses would be limited and not encompass any more than the prescription (though customary historic use allowed by the owner) or "by necessity" (only allow reasonable passage over the land - NOT cutting any trees unless cutting those trees is the only way to get across the land (e.g., a narrow path could be cut if the entire property is like a forest. You can prevent a "by necessity" easement by trespassing and ejecting anyone who tries to pass over your land. Those with a "by necessity" claim would have to file a quiet title action and prove the necessity in court.
@@Speedy2222 Have you run this by a lawyer for an opinion? There are times where an easement from a prior deed doesn't show up in your deed by mistake, and gets added later on with a corrective deed. Not saying that's the case here, though
Love the content! How would you suggest I find a lawyer who is well versed and capable to raise lawsuits related to creating/demanding an easement? I have found that many real estate attorneys that I've reached out to do not specialize in or actively work on cases beyond a "standard" real estate purchase transaction. The property is located in AZ and I am pursuing an access easement by necessity.
Recommend using someone local who has appeared before the Judge before. Easement of necessity is in Equity, not Law, so the Judge has lots of discretion. Equity basically means it is an issue of fairness and A Judge would decide with no right to a jury.
Personally I wouldn’t buy real estate without a real estate attorney. I’m not signing a bunch of legal documents without one. They also will make sure you know all these facts plus more
Personally, I wouldn't buy real estate from a real estate attorney who didn't advise protecting my property and inheritance with the 33-year reformed Old Law Practice Model Forgery Proof NICER FEDS Permission Ledger Monitored and Validated RLT. With a Schedule C Counterfeit Free LLC for my business and Schedule D Interdiction DPOA to prevent Court Conservatorships and quit claim jumping financial elder abusing homeland terrorists who broke into our home change our legal documents to steal our structures and threw us on the street.
I am haveing a problem with a country engineering person. He will not let me get power to my land. He told me that I have to put in a pave Private Road to get power?? My land is in the county not in city limits. Also most of the roads in the county are drit. The state don't have a problem with a drit road or the utility companies. Just one person down town. That person also said he wonts even one to live on a pave road. Also there only one engineering company in the county that will do pave Private Roads. Have you here about this happening to people?? This is in Mobile country in Mobile al
Make a special appeal to the Mobile County Commission and request a rule of eminent domain for the utility company to provide power to your lot. Otherwise, the county should reduce the tax value of you lot because it is non-buildable lot without public utilities. However, you could purchase a right of way for utility service from your neighbor.
how do yall talk about all this without mentioning the man who’s business road was cut off by the local government for months, leading to him committing suicide inside his sealed bulldozer after driving it thru the town merica 🇺🇸
@@michaelalancaveney2298 Agreed. I have no problem generally with a utility easement. It's the other public and private right of way easements that are the big problem ones.
Depends what kind of easement, and the wording of the easement. I've seen crap land turned really nice and usable after a sewer easement was acquired, the pipe installed, and then the land graded to nicer than it was before. And who cares that there's a 10" sewer line buried 8 ft down.
![I.N "HALLUCINATION" | [Stray Kids : SKZ-PLAYER]](http://i.ytimg.com/vi/n5B5q1Hwt_U/mqdefault.jpg)
I remember my law class example of a prescriptive easement was when a blind guy used to walk through a property on an continual basis for many years without the owner ever objecting. Then, the property was sold and the new owner put up a fence and he could no longer walk through the property. He sued and won, and the owner had to take the fence down.
This right is based on old English common law.
My parents just bought property that has either a conservation easement or a setback to where they have to have area aeound their main property set aside for migrating animals. My mother actually chose their property because of this migration route.
1:45 Define Easement :-0)
A road Right of Way is a special type of easement.
In Kansas, the subservient land owner retains right to full use of the land of thr righjt of way so long as that use does not unreasonably interfere with the purpose of the easement (public travel/communication). There have even been cases where part of a permanent structure was on the right of way but was not actionable because it did not interfere with pubilc's use of the roadway.
A fee purchase of a "plat" does not necessarily include the right of way which can continue to be fee owned by the developer or the city.
Another ⭐️⭐️⭐️⭐️⭐️ Video‼️💯
Would love to know the pneumonic that Tim Fridley developed for remembering the elements of prescriptive easements‼️💯
Keep in mind that easements typically are very specific as to where, what, who and sometimes even when the dominant property might be able to enjoy the use of an easement. For example, if a property is burdened with a access easement for a neighboring property or driveway easement. The easement only grants ingress and egress over a very specific area and only for that reason. So the dominant property could never use the servient property for anything but the access, period. So if a perosn of the dominant property wanted to practice basket ball dribbling in the easement, the servient estate could forbid this. This typically holds true for pathway easements such as residents in a private community to gain access to a water feature such as a shared dock. The property owner who is burdened with the easement can install a locked gate or even several locked gates to limit the easement use to only the residents in the community as long as keys or combinations to then locks are provided to the community residents. This makes access possible but more difficult and puts the onus of access on the grantees or dominant party to ensure that they brought the key(s) to unlock the gate. The same can be done with parking easements. A parking easement typically cannot state that a specific parking spot is must always be allocated to the dominant party because that would mean that the property would not really be owned by the servient estate or property. Typically the language would say, “the dominant property is granted the use of one (1) out of say three number of available spaces. This does not mean that the servient estate cannot use any of the three parking spaces and still enjoys the full use of the property so long as at least one of the spaces is made available. This is 24 hours a day mind you, so if the servient estate wants to use a space that is occupied by the dominant party at say 3am, the servient estate can request that car be moved to another space. The servient estate can be very hostile to the dominant estate if they desire (put in the work)
Hi, I have a property with an easement for people down the street to travel through with vehicles to their dwellings. This year they decided to “decorate” along the side of the road or easement. Now I don’t want permanent or semi permanent objects of theirs in my yard. Isn’t the easement for their travels only?
Thank you!
Yes, only for the customary historic use that has been "allowed by the owner".
If decorations are left on your property, you can collect them, attempt to find the owner for returning them, and in time, discard them or keep them.
Yeah, that's not their right to decorate it. It's still your property, and they have only the right of access to their properties. Generally speaking. I have no idea what your specific easement language is, and maybe it mentions decorations. But I doubt it.
I would love for your interpretation on my ongoing easement issues. Someone not owning the land granted an easement almost 50 years ago and the adjacent lot has never gained access through the property. I dont feel they have right to take down the trees to create access to this property nor do they have permission to even access the lot because the original grantor did not hold ownership when granting the easement.
"Someone not owning the land granted an easement"
It would be a nullity.
Only the fee owner (grantor) can "grant" an easement.
That said, easement can also be created without a "grant" by prescription or of necessity -- but those uses would be limited and not encompass any more than the prescription (though customary historic use allowed by the owner) or "by necessity" (only allow reasonable passage over the land - NOT cutting any trees unless cutting those trees is the only way to get across the land (e.g., a narrow path could be cut if the entire property is like a forest.
You can prevent a "by necessity" easement by trespassing and ejecting anyone who tries to pass over your land. Those with a "by necessity" claim would have to file a quiet title action and prove the necessity in court.
Are you positive about this. You can't grant an easement over property you don't own.
@@jpmacoo yes, my house was built in '67 and the easement was written in '74 and recorded in '78 by the previous owner of the land.
@@Speedy2222
Have you run this by a lawyer for an opinion?
There are times where an easement from a prior deed doesn't show up in your deed by mistake, and gets added later on with a corrective deed.
Not saying that's the case here, though
Does an easement have to be recorded or notarized to be consider legal?
Love the content! How would you suggest I find a lawyer who is well versed and capable to raise lawsuits related to creating/demanding an easement? I have found that many real estate attorneys that I've reached out to do not specialize in or actively work on cases beyond a "standard" real estate purchase transaction.
The property is located in AZ and I am pursuing an access easement by necessity.
Recommend using someone local who has appeared before the Judge before.
Easement of necessity is in Equity, not Law, so the Judge has lots of discretion.
Equity basically means it is an issue of fairness and A Judge would decide with no right to a jury.
10:20
It's OCEANS
Open
Continuous
Exclusive
Adverse
Notorious
Statutory
Have 5 acre plot with a power easement. And some neighbors dump yard waste. In your opinion what chance of them getting easement by prescription?
Personally I wouldn’t buy real estate without a real estate attorney. I’m not signing a bunch of legal documents without one. They also will make sure you know all these facts plus more
Personally, I wouldn't buy real estate from a real estate attorney who didn't advise protecting my property and inheritance with the 33-year reformed Old Law Practice Model Forgery Proof NICER FEDS Permission Ledger Monitored and Validated RLT. With a Schedule C Counterfeit Free LLC for my business and Schedule D Interdiction DPOA to prevent Court Conservatorships and quit claim jumping financial elder abusing homeland terrorists who broke into our home change our legal documents to steal our structures and threw us on the street.
Ironland needs your help
Land Trusts are mostly used for reason other than Conversation Easements
I am haveing a problem with a country engineering person. He will not let me get power to my land. He told me that I have to put in a pave Private Road to get power?? My land is in the county not in city limits. Also most of the roads in the county are drit. The state don't have a problem with a drit road or the utility companies. Just one person down town. That person also said he wonts even one to live on a pave road. Also there only one engineering company in the county that will do pave Private Roads. Have you here about this happening to people?? This is in Mobile country in Mobile al
Make a special appeal to the Mobile County Commission and request a
rule of eminent domain for the utility company to provide power to your lot.
Otherwise, the county should reduce the tax value of you lot because it
is non-buildable lot without public utilities. However, you could purchase a
right of way for utility service from your neighbor.
Easements or restrictions or HOA...don't buy !!!!
how do yall talk about all this without mentioning the man who’s business road was cut off by the local government for months, leading to him committing suicide inside his sealed bulldozer after driving it thru the town
merica 🇺🇸
Don't buy a property with an easement, never never never.... today it might be fine, but 10 years later you will be missed you bought it.
Sometimes if a utility needs an easement they can take you to court for the betterment of the community- and you will not beat them.
@@michaelalancaveney2298 Agreed. I have no problem generally with a utility easement. It's the other public and private right of way easements that are the big problem ones.
Depends what kind of easement, and the wording of the easement. I've seen crap land turned really nice and usable after a sewer easement was acquired, the pipe installed, and then the land graded to nicer than it was before. And who cares that there's a 10" sewer line buried 8 ft down.