Hawaii 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.

"De Minimis" Encroachment A "de minimis structure position discrepancy" is where a structure extends onto the adjoining property by no more than: For commercial, industrial, and multi-unit residential property - 0.25 feet. For all other residential property - 0.5 feet. For agricultural and rural property - 0.75 feet.

Adverse Possession Claim In Hawaii, following 20 years of continuous possession, a squatter can claim ownership of the land. This, of course, would mean that the idea of prosecuting the person as a criminal trespasser goes out the window.

Do you own the land when you buy a house in Hawaii? In most cases, a single-family homeowner in Hawaii owns the land the home sits on. However, always check the listing to be sure, because if a property is listed as a ?leasehold,? the owner will not own the land.

In Hawaii an encroachment occurs when there is an unauthorized intrusion of a fence, wall, or cement from one property into another separately owned real estate.

A: Encroachment Agreements and Party Wall Agreements are types of written documents entered into between owners of neighboring properties. They are usually entered into in response to a land survey indicating that a wall or other improvement crosses the boundary line between two properties.

If it's private, a buyer should try to determine how many lots have the right to use the access easement. An easement is a non-possessory interest in another's land that allows the easement holder the right of use on property he/she does not own. The most common types of easements are for utility, view, and access.

An easement gives one party the right to use the property of another party for a specific purpose. This is known as an affirmative easement.

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Hawaii Consent To Encroachment - Into Easement