Queens New York Consent To Encroachment - Into Easement
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FAQ
A 'fencing easement' is an obligation on the owner of land (the servient land) to maintain a fence or other boundary structure for the benefit of neighbouring property (the dominant land).
How can I get rid of the Easement? the grantee (person who is granted the easement); and. the grantor (owner of the land) reach an agreement; and. the relevant documentation can be appropriately prepared; and. lodged with the Land Titles Office.
Building Fences on Easements Fences regularly get built along or across easements. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example). A few utility companies state that, as a courtesy, they will do their best to reconstruct the fence.
While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.
Generally, you cannot make any improvements in a drainage easement. That means no fences, sheds, walls, trails or buildings. You should avoid planting trees or much landscaping as well.
An easement is granted by one property owner to another and typically means the original landowner can no longer build on or around the land subject to the easement or restrict access to it. A common type of easement is a right of way.
Yes, you can build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.
New York adverse possession laws require at least ten years of possession and payment of taxes throughout that period in order to be eligible for legal title.
Generally, you cannot make any improvements in a drainage easement. That means no fences, sheds, walls, trails or buildings. You should avoid planting trees or much landscaping as well.
If an easement is granted from a freehold or leasehold estate it is capable of existing as a legal easement. Where land is registered, and an easement is granted by deed, it must be registered over both the land subject to and benefitting from the easement in order to operate at law.