Easements

I have a property that I have owned for 20 years that has what the local zoning board calls a pass through right of way on the rear of the property on the deed. However, the right of way exists on paper only, as the property is actually on an undeveloped overgrown bank to a lake that slopes at a 45 degree angle. My neighbors nor want to fill in the property and grade it so they can drive to their property. There has never been a driveway or any access on the land in question to their property. They have always accessed their property using a driveway adjacent to the right of way that is owned by a railroad. Can my neighbors fill in the property without permission? In addition, the build up would be immediately adjacent to and above my home, creating additional pressures on the foundation and endangering the safety of my home.

Parents deeded a portion of land to child for a house with mortgage. Child has access to his property through an existing road that is on his deed as a temporary access. It has been a road for the past 50 plus years. Because of mortgage guidelines a permanent easement was placed on the deed. There is no road and has never been a road - it is an easement on paper only. Child has since paid his mortgage off (if this is any bearing). Another person has always used the temporary easement for all these years and has recently found that the other easement is in existance which if road were constructed it would border in another area to the property that he goes to he could build another gate and go to it there. This is family property where the easement is and the child that has the house will be and has always been allowed to get to his property. What recourse can be done to keep a road that would be very costly from being constructed. This property is in the country and very wooded. This deed was made approximately 16 years ago.

In the process of adding onto my property that I have lived in for over 14 years, it was revealed that part of my existing property (bathroom roughly 6 square feet)was encroaching onto my neighbors property. The city I live in will not allow me to continue with my project until this is taken care of. After going down to the records department I discovered that the previous owner of my property had requested permission (1983) to remodel the bathroom in question. He addressed the issue with the encroachment stating that the bathroom was there prior to him purchasing the property. He was requesting permission for a set-back of 3' from his property (bathroom) rather than the 8 feet required. The city allowed him to remodel the existing bathroom but would not allow him to build onto the property until the 'land lock' was corrected. The area that I intend on adding on to is no where near the area in question and it would not affected. The area of the encroachment is at a distance of about 20 away from their home on a slope approximately 15-20 feet high. They have never laid foot on that part of their property and there is no way that they can build or make use of it. About four years ago, I told my neighbor that I intended on replacing the fence that separated (and where 6' of the encroachment is) our property because it was termite infested and because it was falling onto their side. I told them that I would be replacing it at my cost. I also informed them that the fence would show the less desirable side of the fence on their side. I gave them the option of a 'neighbor friendly fence' that would look nice on both sides if they were willing to split the cost of the materials, I would be providing the labor. The neighbor agreed and upon completion of the job I was never reimbursed for their half of the money. Being a good neighbor, I never brought the cost of the fence up. With regard to the encroachment my title insurance company contacted my neighbor asking for permission to grant us an easement. They also agreed to reimburse them for the easement for whatever the going square foot would be. As of now the neighbor is not willing to work with us. She went so far as telling me that she was considering asking me to remove my main sewage line that runs under her property to which we are both connected to. Prior to 1914, her property and mine were one property. Sometime after 1940 the property was divided and sold. The new owner built my neighbors existing home on the property. Considering the date that the neighbors home was built (1940) compared to mine that was there since 1913, I believe that her home's main sewer line connected to my homes existing main sewer. Upon further research and reading my tittle from the tittle insurance, I found that there is an easement for the sewer line. Can she revoke the easement and would adverse possession apply here as a last resort being that I have maintained her side of the property? It is also my understanding that in order for adverse possession to take place I would have to prove that I have been paying property tax on her part of the property. How do I prove that and/or does that apply to me.I need to complete the remodel because my son suffered a diving accident that rendered him paralyzed. I need to retrofit my home and cannot until this is resolved.

My mother passed away in 2005 and left a Ranch in Stephens County Tx to my brother , sister and myself in equal parts. The will was probated and all three were named as executors. My sister and I wish to sell our 2/3 of the Ranch but a real estate agent told us we need a road easement for land that we cross to get to our Ranch. The owner of this land is agreeable to giving us an easement of ingress and egress through his land. Is it possible for me to sign an easement with this landowner using the Texas USlegalforms.com Ingress and Egress Easement form so that it also covers my brother and sister. They live far away and it is near impossible for them to meet me and the landowner all at the same time in front of a Notary. My brother is not selling his part now and I need it to cover his part later on under the easement agreement so he would have no trouble selling his part later. Does this form cover the land described ( our Ranch ) or just the person signing it? Another question is .... Our Ranch is in Stephens County but the road that is own the land we cross is partly in Stephens county and partly in Palo Pinto County, TX. Do I need a separate easement form for each county or just one filed in both counties ( With both counties listed on the easement document)? Thank You.

Easement to property. Who legally is required to maintain the easement? Is it the owner of the property that the easement is on or the property owner that uses the easement? If damages are done to the easement who is required to fix it / Maintain it by Florida Law?