8/24/2023 0 Comments Ingress egress regress rightsOriginally this neighbor was quiet/nice and we’ve had no disputes in the 2 years I’ve lived here. Eventually my parents sectioned off the house with one acre and offered it as rental with option to buy to one tenant, who ended up purchasing it and has lived there about 15 years. After my grandparents passed on, that house was rented. My parents added a barn with a second driveway, then later added a house for my grandparents with their own driveway on the other side of the barn. Originally, the property was about 4 acres with a house. I am living in a house that is part of my mother’s trust – she is elderly and lives with me and I will inherit the house. What are your thoughts? Have you ever had a dispute with a neighbor regarding property rights? This is not to say that she could have taken the neighbor to court and had the garage torn down, but you can imagine the cost and aggravation that would have caused. Had my friend not attended that meeting it’s very likely that the neighbor would have been granted a variance to build his new garage. I also want to point out how important it is to read your deed occasionally and understand what rights are attached to your neighbor or the general public with respect to your property. What I wanted to point out is how important it is to attend public hearings when you are identified as an abutter. She was able to show the Zoning Board her deed and ultimately prevent the neighbor from building his new garage within the easement. When she attended the meeting she was suprised to learn that no one from the town was aware of her easement and right-0f-way to her property. Abutters are always notified about Zoning hearings in the State of New Hampshire. Luckily for my friend she was notified by the Town Zoning Board of Adjustment about a public hearing in which the neighbor was asking for a variance in order to build the garage within the towns legal property setback. This is a very common problem that arises when one property owner wants to build or alter in some way an easement that has been in existence for many years. As you can imagine this creates a very big problem for my friend as far as her deeded access. Her neighbor that owns the land which the easement is located on wants to build a garage on his land within the easement. However, she does have a deeded right-of-way or easement across her neighbors land that grants her access from the public road to her property. So my friend owns a piece of land that has no frontage to the nearest road. This is very common with land locked pieces of property that have no frontage on a road. The easement would contain very specific measurements and language indicating exactly where that access occurs on your property. However, he has an easement deeded to him with his land that allows him to use a specific piece of your land for that access. For example, your neighbor owns a piece of land directly behind your land and he does not have direct access (frontage) to the road. Most right-of-ways are commonly described as easements.Īn easement is a legal term used to describe an “interest” to use a piece of land that you do not physically own. Furthermore, many property owners arean’t always aware of the right-of-ways and the significance of them. Many pieces of property have legal right-of-ways that grant access to pieces of property for many reasons. In fact Robinson & Sons went into possession on the terms of thin agreement.A friend of mine is going through a dispute with a neighbor about a right-of-way and I thought it was worth sharing. occupants agreement was in fact signed toy Robinson & Sons, but it never appears to have been signed by the second Defendants. Clause 5 of the agreement contained a covenant by the landlord: 'to keep the outside main walls and roof passages and staircases intended for the use of theoccupants at ill times in complete repair and as to the conveniences in proper sanitary and clean condition and fit for comfortable use and enjoyment by the This'. "The agreement contained a covenant by by Robinson & Sons: 'to keep in good and tenantsble substantial and complete order repair and condition at their own expense the whole of the inside part of the said demised premises together with electric light and heating installation (except the main bearing timbers or main girders main walls and roofs) and the partitions floors ceilings glass in the window and the locks and fastenings thereof and the painting and papering thereof'.
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