Connecticut Consent To Encroachment - Into Easement

State:
Multi-State
Control #:
US-EAS-1
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Consent To Encroachment (Into Easement). Used when there exists an encroachment by house (or other) into said Easement, as illustrated by a survey. Easement Owner, admits to being aware of said Encroachment and consents thereto and represents that Easement Owner, will not require the removal of the house (or other type encroachment) and will not require the attached improvements to be removed.
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FAQ

Below are three steps you can pursue when dealing with an encroachment issue. Talk With Your Neighbor. Sell Your Land, Or An Easement On Your Land, To Your Neighbor. Take Your Neighbor To Court.

An encroachment permit is necessary if you will be using any part of the road right of way (from property line to property line) for storing materials, detouring traffic or parking equipment in the street over night. Encroachment permits are issued for temporary and long term placements.

Encroachment in real estate is defined as one property owner violating their neighbor's rights by building or extending some feature and crossing onto their neighbor's property lines. Sometimes the encroachment is intentional.

An Encroachment Permit is required for all construction work and proposed activities that encroach within, under, or over the City road right-of-ways. Some examples of work requiring an Encroachment Permit may include but are not limited to the following: Excavation. Installations of sidewalk. Installation of driveways.

Once a prescriptive easement is established, it creates a legal right to use the property for a specific purpose. This means that the owner of the property cannot interfere with the use of the easement, even if they did not originally grant permission for the use.

An "encroachment" is defined in Section 660 of the California Streets and Highways Code as "any tower, pole, pole line, pipe, pipeline, fence, billboard, stand or building, or any structure, object of any kind or character not particularly mentioned in the section, or special event, which is in, under, or over any ...

Courts have the authority to grant relief against encroachments through mandatory injunctions requiring the removal of an encroaching improvement or through actions to eject, quiet title, abate a nuisance, or award damages. A court may grant a mandatory injunction ordering the encroacher to remove the improvements.

Both involve a property owner making extensions over their neighbor's property. While encroachments are the unauthorized use of the neighbor's property, easements are agreed upon by both parties. In many cases, the party responsible for the easement compensates the other neighbor.

The most common way eliminate an easement is through a termination agreement or a termination of the easement, wherein the benefited property owner and any lenders who have liens on that benefited property all sign an agreement which expressly provides that the identified easement is terminated and no longer in effect.

An easement is generally defined as an intangible, or non-possessory right to use another's land for a precise and definite purpose not inconsistent with the other's simultaneous right to use the same property, or, in language only a lawyer could love, an ?incorporeal hereditament.? Typically, a Pennsylvania easement ...

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Connecticut Consent To Encroachment - Into Easement