It is a small subdivision of six houses.
We have a deeded easement across the neighbors land (recorded and defined as Parcel II ). Example: In a lawsuit over a garage built partly on a neighbor's land in Indiana, a court gave the garage owner a prescriptive easement allowing him to use the three feet of garage on the neighbor's property. Subject: Advice for filing civil suit for easement blocking by neighbor.
Anonymous: Anonymous wrote:The county told us we'd need to have the court make the ruling, even though the easement is plain and visible on all property documents.
A property easement is generally written and recorded with the local assessor’s office.
However, it is not uncommon to see easement deeds that are ambiguous or unclear about the intended use, size and location of the easement.
The documented easement will show up when a title search is conducted and it stays there indefinitely, unless both parties agree to remove it. The easement then goes on the deed for both Mr. Johnson’s land and his neighbor’s land.
The use of prescriptive easements can be shared and don’t have to be exclusive, which means property owners are often not aware when a neighbor is granted the easement. When you buy a home and its associated land, your property title might include an easement that …
The deeds, drawn up 84 years ago, and are silent on maintenance of the dirt road. We have a neighbor across from us who is pushing boundries with other neighbors including myself.
The owner of the easement can make repairs and improvements to the easement, provided that those repairs or improvements do not interfere in the use and enjoyment of the easement by the owner of the property through which the easement exists. In the absence of a view ordinance or an easement, you may be able to show that your neighbor planted the tree (or refused to trim it), built the fence, or was responsible for some other obstruction to deliberately and maliciously block your view. This type of easement runs with the land; which means that if the property is bought or sold, it is bought or sold with the easement in place. The driveway stops at my one-car detached garage. Easements can be granted to another person, such as a neighbor, or to an entity, such as an electric and gas utility. Another kind of easement blocks some specified actions. Due to a previous dispute, she has taken up driving partially on my lawn, which extends to the road. If your right of way has been blocked, it’s important to know what your legal rights are and the steps to take to resolve your dispute. To be enforceable, an easement must ordinarily be in writing (although it's possible your neighbor has a prescriptive or implied easement).