If this is adverse possession then title would transfer at the time all statutes your state for AP were met. Not sure if this was intentional?ÿ or hostile as defined in NY. Sounds like this may be more of Boundary by Acquiescence.
Not sure about your state laws. Just my 2 cents?ÿ?ÿ
@holy-cow An easement for a specific purpose includes an easement for maintenance regardless of specified width. The dominant estate can use common methods and equipment with no need to stsy inside the easement.
That won't work if the burdened properties build solid walls along the edge of the easement, as is their right.?ÿ It would make for an entertaining court case to see who is at fault for an excessively narrow easement.
I didn't know that, if it's not written into the document.
That said, I've never seen a utility easement that was wide enough to accommodate the construction and maintenance.
@jph?ÿ
The utility must pay for any damages outside their easement.?ÿ Typically, this would only be tire tracks, if the easement is designed properly.?ÿ In rural areas with rural water district water lines this would normally be limited to entering the farm via a gate to drive to the immediate area of the water line problem.
title would transfer at the time all statutes your state for AP were met
I hear this a lot; but it's taken out of context. It should read: then title would transfer at the time all statutes, in your state, for AP were proven to be met
You can't sit on your porch, watching the clock, and run over to your neighbor yelling THAT'S MINE NOW!!! The minute all of the requirements are met. You must hire an attorney to file a Quiet Title Action.
And like @mightymoe alluded to; the Lawyer's eyes light up with dollar signs...
&ct=g
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They can see you coming
@jph?ÿ
It doesn't make sense to me; the broken link was a gif expressing that...
If a utility exists, with out an easement, or agreement; doesn't that define prescriptive rights?
Is the line fenced?
@holy-cow I'll see if I can find my case book for citations. The servient estate cannot enjoy use that precludes the easement from being used for it's written purpose (including routine maintenance).
You must hire an attorney to file a Quiet Title Action.
I'm not certain, but as I understood it was the adverse party who needed an attorney to defend against the Adverse Possession of the "new" owner. As the unwritten title would have passed at the time all statutes, in your state, for AP were met.
Source:?ÿ
T.S. "TED" Madson ll
Florida Attorney and a Registered (Licensed) Land Surveyor in:
- Florida
- Georgia
- South Carolina
- Mississippi
- New Mexico
- Arizona
- Nevada
- Maine
As a practical matter the easements would be prescriptive, based on the existing installed service. They would not move with the math. They could be re-described if anyone cared.
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develops into a BLA, which it probably should rather than a court case
"If your intent is to settle, great. If your intent is to litigate, call someone else."
There is that "how much justice can you afford?" question. For a couple of clients I have pointed out that occupation mapped, with a USGS aerial from more than ten years ago that agrees, together with a cogent narrative, would probably prevent any intelligent attorney from wanting to tangle with them, without necessarily pursuing a BL(A) whether agreement or adjustment.
As an aside I will note that one of our local municipalities, as part of the BLA process, has one quit claim one's home to the City, who then adjusts it accordingly, and quit claims back the remainder of what one had, plus or minus the excess. That infinitesimal moment of giving one's everything to the City bothers me deeply. What if they don't give it back? Why go there on paper?
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I'd me more worried if I were the city as they might inadvertently extinguish a utility easements crossing the parcel by creating a unity of title.
