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I have an equestrian easement across the bottom of my property also an easement to maintain landscape on the easement. What are they allowed to do and what are my rights.?
Those provisions should be set forth in the instrument(s) that created the easements. You should contact the attorney or title insurance company that represented you at the time of your purchase and request a copy of the original easement.
Can the property owners gate your easement without your consent in Washington state?
The language in the document that created the easement must be reviewed by a legal professional. For this type of situation you need to consult with an attorney who can review the situation and explain your rights and options. It is likely that you will need to, at least, have a letter sent from an attorney to the property owners if you find they are violating your easement rights.
Does the owner of an ingress egress easement to waterfront have a legal right to build a pier on the servant owners property in NC?
You need to review the language set forth in the document that created the easement to determine exactly what rights were granted. Generally, an ingress-egress easement does not include the right to place any structures on the easement area.
Can you use your own land inside not blocking an easement?
Yes. As long as you do not impede the easement rights of the owner of the easement.
Can one erect a fence on an easement with an existing rights of way of the hoa?
Read your governing documents to determine your rights to erect a fence.
Are you liable for neighbors water lines on your property?
It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.
What are the city's rights under a utility easement?
The rights are set forth in the document that created the easement. You need to review that document.
If you have an equestrian easement on your property do other you have to grant access to other recreational uses?
The specific terms of the easement will determine your answer, but if there is nothing written, then an "equestrian easement" would normally be limited to the right to pass and repass while mounted upon or leading a horse. If the easement includes "running game with the hounds", then hunting with or without hounds is also allowed while riding horses to hunt for the specified game (e.g., fowl or vermin).
How wide is an easement?
There is no set width for an easement. An easement is defined by an agreement between the two property owners. Some easements have standard sizes such as roads or utility easements.
What does 'deeded lake rights' mean?
"Deeded lake rights" is a non-technical reference to some type of easement rights relating to a lake. It most commonly means a property that doesn't abut the lake has the right to use a beach or other access to the lake. Generally the easement runs with the land and will transfer to subsequent owners along with any transfer of the property.
What is the definition of presumptive easement Can a utility company claim presumptive easement when they never asked for an easement from the property owner?
Presumptive easement occurs when the access or easement has been used for so many years it has become an established easement. The owners permission is not necessary if they allowed it to go for years without complaint.
May children play on an easement without violating the terms of the easement?
It really depends on the nature of the easement. And the nature of the easement depends on the terms of the easement. Appart from state law which generally defines an easement, the terms of the individual easement usually limit the usage of the easement property...or rather subject the holder of the rest of the property and what is left after the use of the easement to what can and cannot be done on/with/to the land/sky/land beneath the easement. (It is convenient to see an easement as an area with clear boundries, most of the time; however, easements are really rights to use the area a certain way in opposition to the holder of all the other rights to do with it as he pleases.) You really have to know the terms of the easement.
