When do you get an easement in Mississippi?
When do you get an easement in Mississippi?
In Mississippi real estate law, there are a number of easements granted to property owners that give them some rights to access or use another person’s or entity’s land. The easement usually follows the property when it is sold, but the other property owner may want to fight that being granted to the next buyer.
What can I do about an easement on my property?
Some of the remedies available to people who own property that is subject to an easement include the following: The issuance of a court order restricting the way that the party with easement rights uses the land. Monetary damages for any losses that you experience due to the easement or the use of the land.
What are the real estate laws in Mississippi?
The Mississippi real estate laws on easements will be the cause of some litigation. The experienced real estate attorneys at Rushing & Guice can fight hard for your cause in an easement battle. If you are seeking an affirmative or negative easement, the firm has the knowledge and experience to bring your case to its desired conclusion.
How did Mr Myers and MS Coe get their prescriptive easement?
Mr. Myers and Ms. Coe help maintain the road by adding gravel and trimming trees. When the Clodfelters dug the ditch across the road, Mr. Myers and Ms. Coe sued them, asking the court to acknowledge their non-exclusive prescriptive easement through the Clodfelters’ property, and order the Clodfelters to refrain from obstructing the road.
In Mississippi real estate law, there are a number of easements granted to property owners that give them some rights to access or use another person’s or entity’s land. The easement usually follows the property when it is sold, but the other property owner may want to fight that being granted to the next buyer.
The Mississippi real estate laws on easements will be the cause of some litigation. The experienced real estate attorneys at Rushing & Guice can fight hard for your cause in an easement battle. If you are seeking an affirmative or negative easement, the firm has the knowledge and experience to bring your case to its desired conclusion.
What are the property line and fence laws in Mississippi?
From the placement of a new fence to maintenance of a tree, property disputes among neighbors can escalate quickly. Fortunately, Mississippi property line and fence law provides detailed rules that can help resolve common neighbor disputes. This chart summarizes key Mississippi laws relevant to property line and fence disputes.
When is a shared property line considered joint property in Mississippi?
A fence built along a shared property line is considered the joint property of both landowners so when maintenance is needed, equal contribution is required. In Mississippi, this rule of shared maintenance applies to long-term tenants as well as property owners.
From the placement of a new fence to maintenance of a tree, property disputes among neighbors can escalate quickly. Fortunately, Mississippi property line and fence law provides detailed rules that can help resolve common neighbor disputes. This chart summarizes key Mississippi laws relevant to property line and fence disputes.
When to apply for an easement in gross?
Easement in Gross- An easement that benefits a person or entity not a property. Prescription and by Necessity- If, in the private road example above had the neighbor used the road for a period of ten years or more, the neighbor can be given an easement by prescription.
Easement in Gross- An easement that benefits a person or entity not a property. Prescription and by Necessity- If, in the private road example above had the neighbor used the road for a period of ten years or more, the neighbor can be given an easement by prescription.
Do you own the land over which you have an easement?
You do not own the land over which you have an Easement. How you may use the land is controlled by the Type of Easement you have. An understanding of Easements is necessary before you purchase Country or Homestead Property. In the article that follows I will discuss the most common form of Easements to Property and what rights they give you.
What does it mean to have a prescriptive easement?
A Prescriptive Easement is where a land owner has crossed over someone’s private property long enough that under the Law of that State they could go to court and obtain an Easement by Prescription.
When to use an affirmative or negative easement?
An affirmative easement gives the holder access or the right to enter or cross over the adjoining property. For instance, there is no road to a home behind another home except via a private road. An easement could be granted to use that road. A negative easement could be granted to stop another party from access/egress to their property.
Can a neighbor get an easement for a road?
Prescription and by Necessity- If, in the private road example above had the neighbor used the road for a period of ten years or more, the neighbor can be given an easement by prescription. They can also get one by necessity due to no other road is available to them.
Can a property owner deny the existence of an easement?
Property owners deny the existence of an easement and attempt to stop another party from using their land. Property owners try to block the legitimate use of their land under a valid easement. Two property owners cannot agree on the specific terms of an easement.
Do you have to pay taxes on an easement?
Property Owners’ Rights Property owners have rights regarding their utility easements. The property owner owns the land with the easement and must pay taxes on the easement area. Usually, the utility companies don’t pay anything for the use of the easement.