Search results

At the two year point, long after you had closed, you have no recourse on the sellers. The "patches" and "huge holes" should have been noted and further dealt with by your home inspector, who is just trying to cover tracks at this point. Your attorney will advise as to who to go after on...

I agree with previous posting regarding easement by implication. Seems very possible. My opinion is that the liability might eventually rest elsewhere, as suggested.. The cost of litigation versus the cost of relocation borne by the OP is is also suggested but the actual decision rests with...

Happened to me. I needed to post a $2,500 bond a few years ago and my homeowner's insurance agent arranged it for a small fee. A homeowner's insurance agent is usually licensed for multiple lines in property and casualty and can provide a variety of surety products. Most P & C agents can deal...

Hello Tom in Sacramento County! Your anonymity is very important. We really don't need to know more than that. You have probably found this info already: "Encroachment permits can be obtained by submitting an application with attachments to the County of Sacramento, Technical Resources...

Jack, you might know from my earlier posts on this board that I am a big fan of Google maps! Going back to the original topic: "I am seeking information on where I can locate a fence in my front yard." The "parking issue" was a secondary question. Let's go back to the original and address it...

It's unfortunately a still-common misconception that one would have any residual rights in a dedicated county road. The entire road, from one edge of the easement or ROW (terminology makes no difference) to the other edge, is a public roadway. From the San Diego County Department of Public...

Glad to know that. So homeowners insurance covers negligent acts off of your insured property? Are there any exclusions? Are all negligent acts covered? Sorry but I am having a problem seeing that a homeowner's insurance policy would cover the liability issue of knowingly obstructing a...

The possible worst that can happen can be explained by a local attorney. I am not. But I would be concerned about the liability issue if a member of the public unexpectedly, unwittingly, unknowingly, encountered an impediment in the public right of way placed by you without permit or...

The underlying legal principal is that you have virtually no residual rights in a road right-of-way or easement even though, in theory, you "own" to the centerline. Your sole remaining right is likely the return of the ROW area to your ownership upon it's official abandonment by an act of...

Excellent advice to get an attorney. You have a number of rights, but none will likely be available to you without legal representation. You have a right for the legal process to be routed into a jury trial. I have seen that work quite well in my own experience. You have a right to dispute...

I would say that here in Ohio the concept of placing an option for sale on a parcel of land which has no existence in the contemplation of the law would be without effect. Understand that the parcel would have to have a legal description for conveyance produced by a licensed surveyor, and that...

In addition I would want to know if the septic and drain field were installed while both parcels in the topic were a single parcel at one point in the past. If so, it might be seen as an implied easement for the septic and drain field. There are other possible situations, but we don't know at...

Another angle here is the common law concept of overburdening an easement. As express ingress-egress easements serve only a parcel or parcels specifically named in the original easement grant, the concept of dividing up a single named parcel into additional parcels created after the original...

I think that this is a legal concept that you are just not getting, despite our sincere attempts. A local attorney can help, and may be absolutely needed at some point. I have tried to give the best advice to the Op very reasonably but despite 45 years as a licensed surveyor, having created...

Unlikely. The most likely approach to terminating at the least cost is by following my previous advice. As the original signatories to the easement agreement did not restrict themselves to a "build by" date the time is still undefined and still running for all of the "distributees...

Get some local legal advice on this. My reading is that the road proposed, with no specific date for construction, is an encumbrance on both adjoiners, whenever built. As you purchased your parcel with this indenture in effect, you agreed in writing pay for half of the cost of the road...

I get the impression that the OP does not want to be participating in the construction of the new road envisioned in the already-existing easement, and also does not want to agree to the status quo by recognizing or memorializing some or all rights of the neighbor in the existing drive access...

On another matter, not legal, a more recent aerial view is available. In Google Earth, it is possible to click the "View" selection at the top of the display, and then select the "Historical Imagery". Often times, a more recent view might be available. Past views might also be available. In...

The cheapest solution is to get like-minded owners together. I have lived in the same HOA for 28 years. Things were running fairly quietly until "Sheila" got elected HOA president years ago. Soon, she got to chirping at all of us in writing for mundane items, such as getting your trash...

I am not commenting on the competence of the attorney, but saying that this is a SERIOUS incident if true in any respect. It can be reported for investigation (at no cost) to the state bar association here: https://www.osbar.org/_docs/discipline/ComplaintForm.pdf If you file, be as factual...