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The Water Cooler
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Neighbor Woes: What Rights Do I Have To Maintain A Private Road...
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<blockquote data-quote="Yeti695" data-source="post: 3238765" data-attributes="member: 43286"><p>What I'm seeing there is 4 parcels of land and an agreed right of way/easement between the parcels or to access the parcels? Is this correct? If this is correct, which parcel are you on? These are difficult situations and personally before you get a lawyer I would contact an Registered Land Surveyor and have them plat your parcel and the easement/right of way into your property. Having this will help you see what is actually going on, and will also help if you need to go to court. The RLS will be able to help you understand more of what going on. This would be the first thing I do before going to a lawyer. If I get time in the next few days, I'll run up the property and easement/right, send you a pdf.</p><p></p><p>What is an Easement?</p><p>An easement is an agreed-upon use of land by a party other than the landowner. This agreement allows access to land for things like natural resources, development of necessary utility pipelines, or construction and maintenance. Easements can be beneficial depending on their purpose. </p><p></p><p>What is Right-of-Way?</p><p>A right-of-way allows another individual to travel through your property. This benefits another person or another parcel of land you do not own. This grants access to anyone who may need to travel through your land. This is broader than a gross easement in the sense it does not apply to one specific person. The right-of-way is the right for anyone to pass through a portion of your land that may be considered public.</p></blockquote><p></p>
[QUOTE="Yeti695, post: 3238765, member: 43286"] What I'm seeing there is 4 parcels of land and an agreed right of way/easement between the parcels or to access the parcels? Is this correct? If this is correct, which parcel are you on? These are difficult situations and personally before you get a lawyer I would contact an Registered Land Surveyor and have them plat your parcel and the easement/right of way into your property. Having this will help you see what is actually going on, and will also help if you need to go to court. The RLS will be able to help you understand more of what going on. This would be the first thing I do before going to a lawyer. If I get time in the next few days, I'll run up the property and easement/right, send you a pdf. What is an Easement? An easement is an agreed-upon use of land by a party other than the landowner. This agreement allows access to land for things like natural resources, development of necessary utility pipelines, or construction and maintenance. Easements can be beneficial depending on their purpose. What is Right-of-Way? A right-of-way allows another individual to travel through your property. This benefits another person or another parcel of land you do not own. This grants access to anyone who may need to travel through your land. This is broader than a gross easement in the sense it does not apply to one specific person. The right-of-way is the right for anyone to pass through a portion of your land that may be considered public. [/QUOTE]
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