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water district ditch road

Posted on : 02-03-2010 | By : Legal Information | In : Easement, Legal Questions, Real Estate Law

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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.

River property line

Posted on : 26-02-2010 | By : Legal Information | In : Easement, Legal Questions, Real Estate Law

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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.

Easements, Washington State

Posted on : 23-02-2010 | By : Legal Information | In : Easement, Legal Questions, Real Estate Law

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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.

Neighbors rights on driveway

Posted on : 23-01-2010 | By : Legal Information | In : Easement, Legal Questions, Real Estate Law

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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.

Neighbors and property issues, Tampa Florida

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!

Easement law, Is there a law that depicts the width requirements for a driveway or easement / shared driveway?

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.

parking easement, California

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?

grandfathering of covenants in little river, sc. Horry county

Posted on : 28-10-2009 | By : Legal Information | In : Easement, Grandfather Law, Real Estate Law

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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.

Fence regulations NY State

Posted on : 02-10-2009 | By : Legal Information | In : Easement, Real Estate Law, Zoning

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I asked for a variance in the town of Sullivan Madison county NY to build a fence 6′ High 2″ off my south property line running about 100 Feet.

The town told me I didn’t need a building permit just the variance was necessary?
The fence is half complete the town is now saying I am in violation because I don’t have a building permit? They are outright lying and playing games.
Also the fence variance had a condition attached to it that requested I have the end of my fence 25′ from the front property line! (Not from the road) most if not all fences in my neighbor hood are 25’ from the road.

What are the laws that say I have to follow there conditions?

During the variance board meeting no one protested about my fence and some neighbors are happy to see this fence.

Is there anything they can do to me legally?
Does the good side of the fence have to go toward the neighbor? All my neighbors gave me verbal authorization to put the good side in they didn’t care.

Regards,
Andy

Neighbor’s well… my property, Blair County, PA

Posted on : 24-09-2009 | By : Legal Information | In : Easement, Real Estate Law

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Allegheny Twp./Blair County/PA
Neighbor’s well is bisected by property line. Do I have any rights to it at all? What if well is completely on my property? Am I permitted to charge a monthly/annual fee?