If property is landlocked, does an adjoining property owner have to give easement on an existing road?
370637
The adjoining ppty owner doesn't HAVE to give an easement, but the question is, does one already exist....\n\nCheck the real estate records if you haven't already, and see if adjoining owner or any of his/her predecessors ever granted an easement to you or any of your predecessors.\n\nEven if not, it's possible that you may have developed an easement 'by prescription' just by using the road.  If you used it continuously and openly for a long enough time, you may have an enforceable legal right to keep using it.\n\nIt's not always the easiest thing to search real estate records, you may be able to do it yourself.  But whether an easement by prescription exists is a fact-intensive question and you should definitely have a local lawyer who has experience in real estate, help you out.  Good luck.
548525
It depends on what the easement is for(ie.pipeline, electrical, sanitary etc...) Get the number for your town's planning commission or building permit office.  They should be able to tell you what can or can't be built there.
664946
Whoever owns the land owns all the air space above it.  I'm guessing you could make some arrangement with the owner over the use of the property, but the airspace wouldn't be subdividable (i.e. you could never split it into an individual parcel).
1180335
Work with your attorney.  Yes you have to give it to them, but the law specifies how large it has to be usually 15 or 20 feet and where it is located.  Doesn't have to be where most convenient, just has to be one.  This is assuming the property owner has no other means no matter how difficult to reach his property except by crossing your land.
156697
Who has legal and equitable title to the easement?  It is property just like anything else.  If you are on someone's property- then yes- you can be towed.
600061
This is a difficult question to answer, because this kind of thing is decided on a local basis. You will have to go to your local planning authority to ask what steps to take. If there are other people who live along your road, you may need to make a group petition. Also, be prepared for your property taxes to go up. Many times, municipalities will charge a special assessment to the properties that benefit from this kind of improvement.
94819
didyousearch was correct but I wouldn't advise you filling it out yourself. You need to speak to a Title Agent or real estate attorney. There are specific clauses the need to be on the deed to convey it properly for example marrital status and or a homestead clause. There are others that could possibly be needed as well.
303387
In common law, trespass is going on land when you have no permission from the owner. Generally, in statutes, they also include as a trespass if you went on land as an invitee or licensee, and remained after being asked to leave.\n\nAccording to North Carolina criminal stautes, there's a few different types of trespass. There's also other related statutes, such as the requirements for posting on land that I left out. The ones that are included are trespass with an all-terrain vehicle, trespass for hunting, and first and second degree trespass.\n\n§ 14‑159.3.  Trespass to land on motorized all terrain vehicle.\n(a)       No person shall operate any motorized all terrain vehicle:\n(1)       On any private property not owned by the operator, without the consent of the owner; or\n(2)       Within the banks of any stream or waterway, but excluding a sound or the Atlantic Ocean, the adjacent lands of which are not owned by the operator, without the consent of the owner or outside the restrictions imposed by the owner.\n(b)       A "motorized all terrain vehicle", as used in this section, is a two or more wheeled vehicle designed for recreational off‑road use.\n(c)       A violation of this section shall be a Class 2 misdemeanor. (1997‑456, s. 56.8; 1997‑487, s. 1.)\n\n§ 14‑159.6.  Trespass for purposes of hunting, etc., without written consent a misdemeanor.\n(a)       Any person who willfully goes on the land, waters, ponds, or a legally established waterfowl blind of another upon which notices, signs or posters prohibiting hunting, fishing or trapping have been placed in accordance with the provisions of G.S. 14‑159.7, or upon which "posted" notices have been placed in accordance with the provisions of G.S. 14‑159.7, to hunt, fish or trap without the written consent of the owner or his agent shall be guilty of a Class 2 misdemeanor. Provided, further, that no arrests under authority of this subsection shall be made without the consent of the owner or owners of said land, or their duly authorized agents in the following counties: Halifax and Warren.\n(b)       Any person who willfully goes on the land of another upon which notices, signs, or posters prohibiting raking or removing pine needles or pine straw have been placed in accordance with the provisions of G.S. 14‑159.7, or upon which "posted" notices have been placed in accordance with the provisions of G.S. 14‑159.7, to rake or remove pine needles or pine straw without the written consent of the owner or his agent shall be guilty of a Class 1 misdemeanor. (1949, c. 887, s. 1; 1953, c. 1226; 1965, c. 1134; 1975, c. 280, s. 1; 1979, c. 830, s. 11; 1991, c. 435, s. 4; 1993, c. 539, s. 99; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑443, s. 19.25(z).)\n\nFirst and Second Degree Trespass Statutes:\n§ 14‑159.11.  Definition.\nAs used in this Article, "building" means any structure or part of a structure, other than a conveyance, enclosed so as to permit reasonable entry only through a door and roofed to protect it from the elements. (1987, c. 700, s. 1.)\n\n§ 14‑159.12.  First degree trespass.\n(a)       Offense. – A person commits the offense of first degree trespass if, without authorization, he enters or remains:\n(1)       On premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders; or\n(2)       In a building of another.\n(b)       Classification. – First degree trespass is a Class 2 misdemeanor. (1987, c. 700, s. 1; 1993, c. 539, s. 101; 1994, Ex. Sess., c. 24, s. 14(c).)\n \n\n§ 14‑159.13.  Second degree trespass.\n(a)       Offense. – A person commits the offense of second degree trespass if, without authorization, he enters or remains on premises of another:\n(1)       After he has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person; or\n(2)       That are
273115
If you inherited it by will or because you were on the deed, you can. Otherwise, you can't. If you believe you are entitled to the land for some reason, you will have to bring a "quiet title" action in court.
140703
It depends on the state law.  In most jurisdictions if two or more people jointly have easement rights, it would require permission from all those who have an interest in order to alter the property in a way that would limit access.  The person who actually owns the land which the easement lies can generally alter it like pave it or something like that so long as they are not disturbing the easement owners access to the right of way.  But - that is just a textbook talking - I would suggest doing a quick yahoo search typing in your state and "property law and easements".  You should be able to find a statute or a website that talks about it - but like I said - every state may be different.
178541
If you own the land it's attached to, you own the pier.  But you may be expected to share it with others if your area has an easement.  Our lake has a 10 foot easement, so anyone could be on my beach as long as they were less than 10 feet fron the water.
652005
In general your property belongs to you and you can exclude your neighbors.\nHowever, there are a few exceptions:\n\nYour neighbors can claim "Easement by prescription"[1] if she was using the driveway for long enough. \n\nAlso if your neighbors have no other way to get out to main road they may claim "Easement by necessity". [2]\n\n\n\nIf you want to know specific laws for Property in Arkansas you can consult the state code[3] (look for chapter 18. Property)\n\nBut in general a thing like this will be governed by common law. So I would recommend a lawyer to take a look at the specific fact of your case.
775672
Without reference to English law specifically, the difference is permanence. An easement implies a permanence that is not necessarily present with a license (or, as you'd spell it, licence.)\n\nOrdinarily an easement is a recorded document that runs with the ownership of the land - it's an irrevocable right. A license, by its nature, may be for a limited period or may be revoked under certain conditions.
999581
Where is the land and do you own it outright????
1165980
lets see...\nyes this is how it is...they are paying for a right to come onto a specific part of your property and use it for a specific reason, but it remains your property.  a good example of an informal easement is if, say your house is on the way to the neighborhood pool and the kids always cut across a corner of your yard.  if you were to go out and say, 'hey kids! i give you permission to walk on this path to get to the pool.' then you have given them an easement.  they can use that path, to go to the pool.  they can't run through your yard and they can't sell the path to someone else cause its still your yard.  this is a bit extreme, but it gives you an idea.  \nsince VA DOT is a government agency, they can, through eminent domain, force you to grant an easement, but they have to pay you a fair price for the use of it.  that can differ, but its usually fair market value...would need more specifics to be able to advise on acceptable price.  if they are paying you 40% of what you could get if you sold that piece of property outright, that seems pretty fair, cause once the sewer is in, you won't be able to tell and your use of that land will be restricted only in that you can't do anything to hurt the sewer or prevent access to it....so no building a tennis court over it, but you could put lawn furniture there or however you use that part of your yard.    \nIt will change your deed, but something like this isn't going to have a bad effect on the deed.\nyes the next owner will know.\nand it shouldn't have a negative effect on you when selling your house, in fact, it might help prices as there will now be a public sewer system available or at least more up to date in the neighborhood\n\n\np.s. i tried to stay away from legal jargon, so you could understand what i was saying.  the laws of easements and covenants are complex, but this is a full answer for your situation.\n\npps. i just saw the answer that mike s gave.  he doesn't know what he's talking about.  maybe his easement is 10 feet at the edge of a yard, but an easement is the size that's agreed upon between the parties.  and paying for it is required by not just any law, but by the US Constitution.  the government has the power of eminent domain, but they have to reimburse for it.  I do give him that they are not likely to clean up very well after the work is done, so just insist on that when you create the easement.  have it included that they must landscape and lay sod so that the visual impact of the yard is not altered.  \n\npps.  THIS IS NOT SOMETHING YOU SHOULD ALLOW TO HAPPEN WITHOUT LEGAL COUNSEL AIDING YOU!!!!  DO NOT SIGN ANYTHING WITHOUT TAKING IT TO YOUR LAWYER.  YOU ARE ASSUMED TO HAVE READ AND UNDERSTOOD ANY CONTRACT YOU SIGN, WHETHER YOU HAVE OR NOT, SO IN 5 YEARS WHEN YOU'RE TRYING TO FIGHT THE RAMIFICATIONS OF THE EASEMENT, "I DIDN'T READ IT" OR "I DIDN'T UNDERSTAND IT" ISN'T GOING TO FLY. THE JUDGE WILL SAY, "BUT YOU SIGNED IT?"
759207
Law says that Y now owns the land.\nThe doctrine is called "adverse possession"[1]\nBasically is someone else lives on your land in visible, hostile, notorious, exclusive, and continuous manner and you take no action about it for some period of time(usually 10 years but check your state) the person living on the land gets the title.\nIN your case Y lived there for 20 years, in a visible matter, she made no secret about it(paid taxes) -- thus you will probably have no claim.\nThen again talk to lawyer there might be some loopholes you can squeeze through.
371883
Good question, as English common law does not apply.\n\nThe common law rule is you have to take possession of the land for 20 years without the owner complaining, and it's yours.