Recent content by OldSurveyor

Just a bit sad that these topics regarding real estate, easenments , conveyances, boundaries, and so on are no longer brought up regularly here. I joined hoping to give a bit back professionally, according to my obligation professionally. The board seems to have attraccted little interest in...

If the sewer line is actually in the road right of way, there will be no separate easement required for it in most cases. If the trees are adjacent to the road, this would be the first thing to check out. As a common example, my street is 26' back of curb to back of curb. The actual right of...

To the OP I would say that neighbors claiming ownership, easement, or other supposed rights on your deeded property are the folks who need to provide the written evidence supporting any claims. Was this done in the lawsuit you mention? Verbal claims and verbal "agreements" regarding rights in...

The concept that the seller perfected some sort of easement to himself on his property prior to it's severance and sale to the OP fails due to the rule of merger. I am still wondering what theory the farmer is going to use to get an easement from a court, if the OP does not agree to grant one.

"If an easement such as this..." Well, it's not an easement, at least not yet. We see no evidence of a written easement here, nor any intent to perfect one by any theory. I think the OP has the legal advantage in such a situation with several possible courses of action to protect his...

Tell the builder that they have just agreed to buy your current home for $xxxxx.xx. Just kidding, but that would be a fair outcome;) Seriously, you need an attorney on this ASAP. The builder already has one, for sure. Probably an entire staff. The last thing you need to do is personally...

It might be seen that the first "hostile" act of the hostile requirement for AP as cited by a previous poster was the very recent placement of blocks as a "fence". That would begin the ten year toll for AP. As we have seen, the three small trees planted and some lawn mowing are de minimus or...

AP can be a difficult hill to climb. I think a lot of the dialog still remaining today goes back to the housing-economic crisis of ten or twelve years ago. There was a lot bandied about at that time about AP on the internet, some of which still seems to be clinging around. I would not be...

That view is sometimes in error. I have seen it before. You promptly found out that they were not employees of the utility at all, but were hired by your neighbor. That's according to the "utility". So there is no "easement" in place or even a license for entry (which might have existed had...

If you are not having foundation issues, ten years on after repairs, I don't see a real problem here. Are there issues not disclosed? Maybe get some expert advice as to the state of your foundation. From experience, $3k is not a lot to pay for a foundation solution, if needed. Do not pay the...

In my humble opinion, the best advice you have been given so far is to get an attorney outside of your county. Maybe way outside. Offer to pay for several hours of consultation up front. You need an attorney and you can get one. The next advice I would give would be to visit the pastor of...

So you want to purchase three acres..... which has leach lines running to an adjacent parcel, from which the three acres has been split from. Is the leach system a result of the mobile home? Would this be correct so far? There may well be an easement by implication for the leach bed. As...

I guess that I would start this off on a low key.... maybe an e-mail to the HOA if they have an e-mail address or to the president of the HOA stating just what you have said here with the question(s) posted here. You might get a favorable reply, an unfavorable reply, or no reply at all. As...

My question would be location of the fence in relation to the property line, which apparently has not been surveyed in modern times. The location of a "parcel line" on a map from your county GIS, is without value regarding the actual location or shape on the ground of a property boundary. If...

And they have to go court entirely at their own expense and burden of proof to get it without the agreement of the fee title owner. If I am missing something, let me know. I am not seeing any access granted to the "landlocked" parcel which does not appear to be permissive in one form or...