Encroachment: When a Right of Way Becomes Trespass I have an easement on my beach front property and the public is repeatedly cutting across the easement boundaries and walking over my flowers. What is the line between easements and encroachments? → Read More
What is a Right of Way Easement? A right of way is a type of easement that allows a person to use another person’s land to travel or pass through. Typically, right of way easement is a roadway or pathway for travel through the lands of another that benefits a particular person or benefits another parcel of land. This type of easement allows reasonable use for the passage and right of travel to the person holding it, or for the land whose benefit the right of way easement was established for. → Read More
Cutting Down a Tree Straddling Two Owners’ Properties A property owner cannot without the consent of the other property owner unilaterally cut down a tree whose trunk straddles the property line between properties that are owned by two separate property owners. If one property owner cuts down the tree whose trunk straddles the property line of the neighbor, the neighbor who gave no consent for the tree’s removal would be entirely within his right to file a legal action for trespass and resulting damages against the property owner who removed the tree. → Read More
Legal Remedies for Dealing With Noisy Neighbors If you have a noisy neighbor, you’re not alone – and the situation is not hopeless. In fact, while this situation can be frustrating, the good news is that you have a number of possible options to pursue.If none of these options produce results, you can try a phone call to the police, but if even this fails to produce results, you may consider suing for nuisance in civil court. → Read More
What Types of Private Agreements May Restrict the Use of My Property? What non-government restrictions are there on the use of my property? → Read More
Restrictions on Real Property Ownership Typically Imposed by Law What are some typical restrictions imposed by law on owning real property? → Read More
Legal Issues Affecting Entry on Another’s Land to Access Water Lines and Meters It is very common to have some part of your water line and/or meter on another’s property. Depending on existing easements or the deed, it may or not be clear as to how to access lines or meters. Clarifying access is often best done before a conflict occurs, and may even eventually lead to relocating the water meter. → Read More
Property Damage From a Neighbor’s Tree Roots – Your Rights and Options If a neighbor’s tree roots are growing onto your property and causing property damage, you have the right to remove the roots. It’s important to keep in mind that specifics of such a situation may vary legally according to state, so you should check with local statutes, as well as with your homeowner’s insurance, before you take any action. → Read More
Renewing Your Commercial Lease If your commercial for lease agreement is expiring but your business is comfortable in its current office space, you’re probably planning to renew. Here are a few things to keep in mind when renewing your commercial for lease agreement. → Read More
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