Easements, neighbor's pool/deck, what does it all mean?
try_hard
16 years ago
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mikeyvon
16 years agoRelated Discussions
Preventing Easement
Comments (10)First, it is not possible to give a complete answer regarding your rights with respect to your neighbor, without knowing where you are located and what kind of drainage plan or covenants might be recorded against your property. Generally, whatever agreement you come up with could be binding on the subsequent property owners if the agreement says so and it is properly recorded in your local real estate records, following whatever formalities are required in your jurisdiction. I think you are getting too hung up on the term "easement" and I don't think you have thought through what you want an agreement to accomplish. kirkhall is right, you can drain the water off of your property without entering into any agreement. If you are asking for cost sharing for this project, then your neighbor probably isn't going to agree to allow you to remove it at any time....See MoreGawking Neighbors & Easement
Comments (5)1) What does the easement allow them to use it for? Typically if not for utilities, the easement is for access of some sort to their house. They can't just set up a tent or a basketball court on your land because they have an easement to drive across it. 2) To remove it you would have to revise all your deeds to extinguish the easement. In addition to the legal fees, you would probably need to pay them something, because an easement has value even if they aren't currently using it. The fact that they don't use it means you may be able to buy it from them for cheap, however. ($1000 for nothing? sure!)...See MoreWhat stain for KDAT deck around pool?
Comments (10)Much of the pressure treated wood from home improvement stores can be wet, sometimes so wet the stuff drips out of boards. That causes huge problems when used wet as each board can warp/wane/split/bow/etc. What kiln drying does is eliminate the excess wetness---it does nothing else. It does reduce all of those possible effects of wet PT wood drying and changing size/shape. The best stain depends on the kind of treatment used. Find out what treatment was used, go to a real paint store(not a HI/hardware/variety store) and ask which type stain they recommend. The stain also needs specific finish types as well. As for color, the wood treatment usually adds color to the wood(yellow/greenish/blue/etc.) which also affects the final color after staining. The same stain on untreated wood of the same species will look very different than that stain on treated wood....See MoreWhat would you do about this easement?
Comments (52)lukkiirish, the source you quoted and your comments missed one important point of Adverse Possession. The possession must be open, hostile, actual, continuous AND EXCLUSIVE. Since the owner is maintaining open, hostile, actual and continuous use of the property, it's NOT exclusive and therefore Adverse Possession fails. Plus it's likely the other person you refer to wouldn't carry all four of the other criteria either so it's not an issue of consequence. And there's a time frame in most places of fifteen years for it to happen anyway. No need for paranoia. I still don't understand how big an area it is to be fenced. Put up some lilacs or other weed-like growth that's fast, bushy and a pest for pedestrians to deal with. Cost is little. It's pretty easy to get some starters and it's just labor of putting it in, possibly watering it a bit and you'll have a blockade up in a short time. As to the initial question, yes it'd bug me. But I imagine you've known about it since you moved in? A fence doesn't have to be a big deal to keep out most people so it doesn't have to be prohibitive in cost....See Moreoruboris
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16 years ago
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