What is a Prescriptive Easement?

Пікірлер: 23

  • @USRealtyTraining
    @USRealtyTraining Жыл бұрын

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    @yahairamolina89322 жыл бұрын

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  • @USRealtyTraining

    @USRealtyTraining

    2 жыл бұрын

    Fantastic!!! So glad I could help🎉 Thank you for watching!

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    @Joser2424

    2 жыл бұрын

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    @USRealtyTraining

    2 жыл бұрын

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  • @keoniwatson9176
    @keoniwatson91762 жыл бұрын

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  • @USRealtyTraining

    @USRealtyTraining

    2 жыл бұрын

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  • @valariemcneace5589
    @valariemcneace5589 Жыл бұрын

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  • @USRealtyTraining

    @USRealtyTraining

    Жыл бұрын

    So glad this was helpful! Thanks for watching and best of luck out there.

  • @bridigetanderson6685
    @bridigetanderson66852 жыл бұрын

    you're one of the best!

  • @USRealtyTraining

    @USRealtyTraining

    2 жыл бұрын

    Much appreciated, Bridiget. Thanks for watching!

  • @ahhhhhyeah
    @ahhhhhyeah2 жыл бұрын

    Great explanation

  • @USRealtyTraining

    @USRealtyTraining

    2 жыл бұрын

    Glad it was helpful. Thanks for watching!

  • @donmulder8061
    @donmulder8061 Жыл бұрын

    We bought a 4 acre home in 2020 with only public utility easements along the road and a stormwater easement at the front near the road for the county to access a storm water pipe that goes under the road. Our home is just under 3 years old. The new neighbors bought the house next door in 2021 and that house was built in 2010 (13 years ago). Today I noticed a corrugated plastic pipe sticking out of the ground into a stream that runs along my property. I assume it is a sump pump drain or down spout drain from the neighbor's house. The pipe exits into that stream about 30 feet into my property and is buried. I have never seen it before as it is now winter and the grass has died back. I am in the middle of installing a fence to mark the property line. It is possible also that the neighbors went in there and weed whacked that pipe which made it suddenly visible although this pipe is in a wooded area and in the ide of stream bank on the far side of some woods on my 4 acre property. My question is that since my state has a 15 year continuous use requirement for adverse possession, how likely is it that this corrugated pipe is an implied, prescriptive easement? I affirmed with my county courthouse the other day that there are no other publicly recorded easements. Can I legally tell them to relocate his pipe 30 feet to their side of the property line? They have access to the same stream on their side of the property line just a few feet away as well - in fact my pipes drain in my yard and I have the stream on my land.

  • @marshalkrieg2664
    @marshalkrieg2664 Жыл бұрын

    I was about to check out a piece of rural acreage but the realtor just phoned to tell me that the property has a 'restrictive easement'....Im guessing he meant 'prescriptive' ...He also said the neighbor has been accessing the land for so long it went to court once and he prevailed, yet this 'restrictive easement' is not on the title/ deed. Are we talking about prescriptive easements here or something else ? And would this easement automatically convey to a potential new buyer (me) ? What could I do about it if I bought the land or should I just look elsewhere ?

  • @USRealtyTraining

    @USRealtyTraining

    Жыл бұрын

    This is definitely interesting. The restrictive easement only means that there are restrictions to the property in some capacity. To be honest, I would speak with a real estate lawyer or someone in the legal field because there's not enough information here for me to help you out and I can't give legal advice. Best of luck to you and hope you get it straightened out!

  • @thanhdang9597
    @thanhdang9597 Жыл бұрын

    So Adverse Possession is House B (in the back) pay the taxes minimum 5 years for House A (in the front, next to the pond) to qualify own that Easement OR opposite (House A pay their taxes) ?

  • @USRealtyTraining

    @USRealtyTraining

    Жыл бұрын

    For adverse possession, you will have to show that you lived in the house that you paid taxes on. So, if you're living in house B, you can't expect to own house A just because you paid its taxes. The person will have to have lived there openly for a certain amount of time. The prescriptive easement will be created when House B's owner traverses House A's property openly and without obstruction for a specific amount of time. Hope this makes sense! Let me know if you have more questions, always happy to help.

  • @thanhdang9597

    @thanhdang9597

    Жыл бұрын

    @@USRealtyTraining Thank you for your reply.

  • @chrisx48
    @chrisx48 Жыл бұрын

    so after 5 years house b makes an easement to cross through house A land to get to the lake. can house A put up a fence to stop house b to cross through. anyway to stop that

  • @USRealtyTraining

    @USRealtyTraining

    Жыл бұрын

    Not after the easement has been created. If there's no easement yet, then you can object to the person's shortcut.

  • @zibtihaj3213
    @zibtihaj3213 Жыл бұрын

    How did he pay the taxes on the property? And why would he do that ? Weren’t they paid by the owner ?

  • @mkp5933

    @mkp5933

    4 ай бұрын

    I am wondering this also…