Question: Can You Force An Easement?

Can a piece of property be landlocked?

Landlocked property is locked up, meaning it’s surrounded by other property.

Owners of a landlocked property can obtain an easement, which grants the right to cross over neighboring land to access to the public road..

What can I do if my land is landlocked?

To get legal access to a property that doesn’t adjoin a government owned road, you have to get an easement added to the landowner’s property you need to cross. Typically, easements are transferred with new ownership, but they aren’t always shown on the current deed.

Who maintains the easement?

Who owns an easement or right of way? The grantor continues to own the land and has only given up certain rights on that part of land used for the easement. The grantee is permitted access to an easement and holds certain rights regarding usage of the property described in the easement document.

Who is liable for an accident on an easement?

Whether an easement exists is significant because, as this court has held, “an owner of an easement has the right and the duty to keep it in repair. The owner of the easement is liable in damages for injuries caused by failure to keep the easement in repair.” Levy v. Kimball, 50 Haw.

Can anyone use an easement?

Easements may be given to anyone, such as neighbors, government agencies, and private parties. An example of an easement would be if a property owner allows the use of their private road or path for their neighbor’s navigation. … As easements are associated with real property, they are governed by real property law.

Can my neighbor use my easement?

Your neighbor, the owner of the land upon which the easement is located, can’t legally do anything to interfere with your use of the easement to access your property. However, the landowner can do whatever he wishes with his land, including using your easement, as long as he doesn’t interfere with your use.

What rights does an easement holder have?

A private easement is a property right to make a limited use of land by someone other than an owner. It cannot give exclusive possession, and must be for the benefit of other land (the dominant land).

How do I remove an easement from my property?

The two land owners can agree to remove the easement, or the dominant land owner can release the servient land owner from the easement. If the dominant land owner has not used the easement for at least 20 years, the servient land owner can apply to the Registrar General to remove the easement.

Do you have to pay for an easement?

Easements provide a legal mechanism to use land for a specific purpose without having to buy the property. … While the current owners receive compensation, in most cases future owners of the easement will not receive payment.

What happens to an easement when a property is sold?

If the property is sold to a new owner, the easement is typically transferred with the property. The holder of the easement, however, has a personal right to the easement and is prohibited from transferring the easement to another person or company.