trying to find out about my property rights regarding an easement my neighbors have across my property-calif.?
373627
It depends how the egress was granted.  You must allow them, but that doesn't mean you must allow people other then them depending on how the egress was worded.  Without that it's sort of hard to determine what "rights" she was granted.
981905
well you have to contact the county registrars office...the ownership of the property is public knowledge...
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.
538003
u live in ventura county\nur pricinct is described .\nvisit these sites\ncheers\nhttp://portal.countyofventura.org/portal/page?_pageid=33,1&_dad=portal&_schema=PORTAL\n\nhttp://www.toacorn.com/news/2006/0504/Community/115.html
345396
The easement is not enforceable because it is not part of the public record.  The only way it would be enforceable is if C can prove that D had "actual knowledge" of the easement.
114422
Find out if there was an agreement with the original owner of the adjoining lot to allow the tank to be built there.  If it has been there for several years, you may have the right to keep it there.  Make sure you do not piss off your neighbors because most likely they have the right to ask you to have it removed.
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?"
549815
What the neighbor is claiming is called "adverse possession." It requires that the taking is open and "notorious" and without your permission.  The time frame is determined by state law,  it could be 10 or 20 years.\n\nOn the other hand, did you get title insurance when you bought the house?  If your title insurance policy did not list the encroachment as an exception on schedule B,  you can make your title insurance company fix the problem.\n\nYou may also have a claim against the company that surveyed the house when you bought it if the survey did not show the encroachment.\n\nIf the fence is on your land,  tell your neighbor it will cost him $5000 for you not to tear the fence down.
1172288
If the access easement was recorded in the deed of the other guy's land, then you do lave "legal access" to your property.   Either the easement wasn't done right or this lender got confused about how it was set up.   Research it further.
968034
Do you know who the land is owned by? Is it Federal? Is it state? The railroad easements supersede any other right-of-way, first and foremost. There may already be some sort of r-o-w recorded in the county, so yuo may want to check your county recorder's office first. Then , if no r-o-w was recorded, see if they can at least give you info on who owns the land. If Federal, you would actually need to go to the Bureau of Land Mgmt. If state, you would approach your state land dept.
443710
You can hire a licensed surveyor to review the easement document and plot the easement boundaries.  If you need to know the limititations on the USE of the easement, see an attorney who specializes in real property law.
822798
Yes, squatters have rights in California.  For example, they have the right to an attorney when they are arrested for trespass when they refuse to leave someone else's property.
36887
The lien is on the property. Whom the property is deeded to is a separate issue.
631717
Rational b. Easements have their origin in conveyance or in adverse use. They constitute, when created, property interests. These property interests may be so created as to be appurtenant to the property interests in certain land already had by the one in whose favor the easement was created. If so, they become assimilated to those rights which go to make up the possession of the land to which the easement becomes appurtenant. Having become so assimilated, they thereafter accompany the possession and until intentionally severed therefrom, they become a part of all subsequently existing possessory rights. *** This is true without regard to whether these rights arise by succession to or adversely to the predecessor in possession of the land. *** Whatever produces a succession in the possession of the land produces a succession to the benefits created by the easement (see § 487, Comments a and e).\n\nTherefore, yes, it does.
962011
You need pictures. I would call a real estate attorney and see if they can help. Sometimes when you mention the law they change their tune.
706039
The first step would be to check with your local planning commission to see if the property is properly zoned for that type of activity.  Then you need to check to see if that type of facility requires any type of licensing or certification.  Your best bet is to contact a local attorney because laws vary by state.
251884
Through right of easment, no.  When it comes to land and real estate it falls back onto the zoning plans.  what does the township have on the books, as to where you land ends and begins.  That of course is obvious but your neighbors argument can be that, you always maintained it, doesn't infer that i chose to give it up as my property.  Unless he wants to restructure the lot size and hand over that strip to you.