I am located in unincorporated Kitsap County, Washington State. I have filed easement paperwork (done 1979) for a 30 foot wide (15 feet each direction of centerline) and 600 feet long easement for ingress, egress, and utilities on a total of three properties. I was recently surveyed and found the easement to be in the wrong location. However, I have perscriptive rights to the existing driveway. I wish to place a fence on the true easement to keep pets/animal out of the easement and the adjoining property hazards. Do I have a legal right to fence part of the easement?
My mother’s new neighbor, took down a fence that was already partially fallen and put in new posts about four inches closer to my mom’s house. He had a survey done on the opposite side and he himself measured his property line adjacent to my mother’s house. He did all of this without notifying my mother at all. He had also removed a post and cement that grounded it, which cracked my mother’s concrete, as well as taken a piece of the plumbing on her pool heater off, cutting it 2 inches, and replacing it(which came apart). On op of all of this, he dug out a root ball which was on the property line, digging under her concrete to remove it. Again, all done without notifying the home owner. He is saying it is his property to do with as he pleases and he doesn’t have to ask. Is there any civil code that allows an easement between a fence and house, since it is already about four feet from my mothers wall? I live in 92114 and it is a single family home in a residential district.
My husband and I bought a house last September. The house has a ditch running behind it that is owned by the irrigation district.
To get over to the back end of our property you have to cross a bridge. The well, root cellar, trees, foliage, stone steps, small rock pond and etc landscaping is all running along the ditch just a few feet away from the actual ditch.
All of it, including the well and cellar have been there for at the very least 25-30 years. Suddenly today we find out that they have the right to tear all of it down, our well cellar trees stone steps everything…to make another access road so that they have a road on each side of the ditch, and that they intend to and will have someone come out this fall to talk to us about ripping everything down.
Is this legal? Is there anything we can do to stop them from tearing down everything to make a ditch road 10 feet from our back door? There is no way we can afford to build a new well…and with all the landscaping gone our place will be lucky to sell for a 4th of the price we just bought it for!
We need some answers or ideas on what we should do, we put everything into this place.
If a property line is described in the legal discription as running to the center line of a river and then following the center line of the river so many courses (9 courses) for so many feet, and the river moves one way or the other, say 50 to 100 feet. Dose the property line stay with the center line of the river? Idaho, Mackay,County- Custer.
I have a fence that has stood in an easement for at least 3 1/2 years the easement is 22′ and it would also affect my driveway which has been in place since 1999. Do I have any rights here.
This is in Washington state.
I have lived in my home for nearly 20yrs. It previously was my grandparents home and been in the family for 60+ yrs.
Our neighbors just had a land survey done. They do have their own driveway on the other side of their home. The homes are very close and go driveway,home, driveway, home. The driveways go right up to the next house.
The survey says that a foot and a 1/2 or so of their property is on our driveway. They now are claiming that it is theirs to do with as they please. I am afraid they might want to put up a fence on their property line which would keep us from driving down to get in our garage.
Can they do that? The neighbor in question has been a problem since moving in. Calling code enforcement on anyone who has property up to theirs.
Any insight would be great.
Posted on : 19-12-2009 | By : Legal Information | In : Easement, Real Estate Law
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My neighbor claims that they own at least 4-5 feet of property in my backyard. They said that they placed their fence in a way that would allow our house to not be so crowded. This was some time ago. The four to five feet of area that is technically theirs, but looks like our backyard is overgrown and weedy and a mess. My husband decided to clear it out and get rid of all the weeds. As he was doing so, my neighbor got a bit upset and said that she wanted the growth to protect their privacy. I want to know if I’m allowed to clear that area or not? The weeds are so overgrown that they harbor raccoons, snakes, bugs, stray animals, etc. Is there a time limit for them not “claiming” their property? It has been at least 5 years that the yard has been this way. We are in Tampa, Florida. Thank you in advance!
Posted on : 15-12-2009 | By : Legal Information | In : Easement, Real Estate Law
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Is there a law that depicts the width requirements for a driveway or easement / shared driveway?
My neighbor shares our driveway with an addition of an easement to reach their property. They insist we widen our driveway to allow two car side by side travel along it’s length. Because of the land usage I would like to make the driveway as narrow as exceptable.
Posted on : 29-10-2009 | By : Legal Information | In : Easement, Real Estate Law
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In California, if I have an parking easement, notarized and recorded, can my other neighbor get the exact same easement as I have if the owner allows it? Can there be two easements for the same parking space?
We have homeowners who have violated our covenants regarding building of sheds on their properties. We would like this corrected and not happen again in the future. The person on our arb wants to have the violations grandfathered in, saying that they are ok but everyone else has to go by the original covenants in the future.