Access to Property
- Grant. The easement granted hereby shall be for ingress and egress to, from, upon and over the Property described to provide access to other property owned by Grantee.
- Streets. The Grantee may construct a permanent street or road on the Property.
- Failure to Improve. ...
- No Interference. ...
- Termination. ...
- Amendment. ...
Can a realtor deny access to property?
Yes, you can enter a rental unit without permission, but only in some situations. One, if the lease agreement between you and the tenant requires you to clean the premise. In such a situation, you are free to enter for the purposes of cleaning the facility only between 8 am and 8 pm (Mon-Sun).
Can I, legally prevent access to the property?
There are two exceptions to this rule. A landlord may attend the property in an emergency situation such as a fire or leak, or if they believe the tenant abandoned the property . A tenant cannot deny a landlord's access to the property when proper notice is given and the request is reasonable.
How to access personal property?
Personal Property. Personal Property - Under Arkansas law, A.C.A. § 26-1-101, personal property is defined as “Every tangible thing being the subject of ownership, and not forming a part of any parcel of real property as defined.”. Market Value - A.C.A. § 26-26-1202 states that personal property of any description shall be valued at the usual selling price of similar property at the time ...
What is a legal charge on property?
the evidence in this case was obtained by an illegal entry onto private property by a private citizen. Texas law states that illegally obtained evidence, even by private citizens, cannot be used. The District Attorney’s Office cannot pursue charges at ...
What does it mean to access a property?
Property access is the process of giving someone the ability to enter a building. Access permissions can be given to known or unknown individuals on a recurring or one-time basis.
What are the three types of easements?
There are several types of easements, including:utility easements.private easements.easements by necessity, and.prescriptive easements (acquired by someone's use of property).
How do I remove an easement from my property?
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
What are the most common easements?
A common example of an easement is when one person is given the right to cross or access a road across another person's property. Other common examples of easements are phone, gas, and power lines. In addition, sewage and water pipes are also common types of easements that are installed on private property.
Who is Osbornes Law?
At Osbornes Law, our lawyers have many years of experience in dealing with residential access disputes. We’ll help you get the access permissions you need, as efficiently and tactfully as possible, while avoiding a pattern of escalating disputes with your neighbour.
Can you get permission to access your neighbour's land?
Another option is to apply to the court for an order under the Access to Neighbouring Land Act 1992. If you need to carry out essential repairs to your property and you cannot easily undertake the work without going onto your neighbour’s land, then this Act can give you permission to access.
Can a neighbour give permission to repair a house?
It’s fairly common for a homeowner who wants to repair their property to need access to a neighbouring property. Usually, the neighbour will give their permission and the work will proceed without a hitch. However, if a neighbour flatly refuses to grant permission, there are steps that can be taken to enforce a right of access.
Do you have to allow your neighbour to enter your property?
You do not have to allow your neighbour access onto your property unless he has a legal right of entry. Someone who comes onto your land without your permission is trespassing.
Can you get access to your neighbour's property?
Only the court can grant an Access Order under the Access to Neighbouring Land Act 1992. However, if you need to access your neighbour’s property for a legitimate reason, it is always advisable to try to get your neighbour to play ball in a friendly way first. We will always attempt to resolve the dispute by negotiation or mediation which, more often than not, means you will not have to go to court.
Do you need permission to go onto a neighbour's property?
The general rule is that you need your neighbour’s permission to go onto their property, but there are exceptions. Very often, you will have rights of access in your title deeds. Where these rights exist, we can explain the legal effect of this to your neighbour and warn that if they continue to refuse you permission, we can apply to the Court to force them to give you access.
Can a court impose strict conditions on the type of work you can do?
The court can impose strict conditions on the type of work you can do, when you can do them and timescales for completing the work.
Who needs to pencil out a contract before submitting a contract to the seller of a landlocked tract?
The buyer needs to pencil out a couple of different scenarios before submitting a contract to the seller of a landlocked tract:
What is an easement awarded in court?
The easement awarded in court should be that route most justified by the property’s history, which may or may not be the cheapest or easiest for the landlocked owner. Pre-purchase scoping of the particulars is essential. The lack of an easement may indicate a long-standing dispute between adjoining property owners.
What does it mean when you don't have an easement?
The lack of an easement may indicate a long-standing dispute between adjoining property owners. This may be a matter of personalities, or it might indicate an absolute refusal by one or more landowners to sell an easement at a fair price to anyone. I’ve run into a situation where the neighbors refused to sell an easement as a tactic to force ...
Can a landlocked party bring suit against a neighbor?
The landlocked party can bring suit against one or more neighbors claiming a right to obtain an access easement by necessity. A court will decide which neighbor (s), if any, should be burdened with this easement, usually by looking back through the deeds to determine the origin of the landlocked tract.
Can private property be landlocked?
The general principle in real-estate law is that private property cannot be landlocked, that is, denied reasonable vehicular access from a public road. But states and their courts differ in how this principle is interpreted, and several situations can exist that modify the rule. Things can also get complicated when you are seeking an easement over public land or land that is improved or occupied.
Can no access contracts be winners?
Well, like so many other things, it depends on the particulars. These no-access deals can be winners or absolute disasters. Only thorough research before submitting a contract will show you where on that continuum you’re likely to land—and even then it can be chancy.
Can an adjoining neighbor sell an easement to you?
Still, you may find that the adjoining neighbor will sell an easement to you , but not to the current owner. That’s an opportunity. The buyer has leverage over the adjoining landowner to the extent that the law will award him the easement if he seeks it in a lawsuit.
How to gain access to landlocked property?
Express easements can be the easiest way to gain access to landlocked property. If you’re looking for the quickest and easiest way to gain access to property, then you’ll want to go the express easement route. Here’s the process: Obtain an easement in writing.
What is landlocked property?
1. Definition of landlocked property. Landlocked property is a piece of land that is inaccessible via public thoroughfare. This means that you, as the landowner, have no other option but to go through another person’s property in order to reach your own.
What is a prescriptive easement?
Prescriptive easements occur when the landlocked property owner obtains an easement through adverse possession by claiming that they have used the easement for a certain length of time. This use must be open, notorious, continuous, exclusive, and adverse.
What happens if you buy a property under the assumption that an easement exists?
For example, if you purchase a property under the assumption that an easement exists because you meet the adjacent neighbor who tells you that you’re welcome to use their private land to access your property, then you may be caught off guard when that permission is later revoked.
What is an easement agreement?
Definition of an easement. An easement (also known as an easement agreement) is a concept in real estate that defines a scenario where one party can use the property of another party for a specific purpose.
When does landlocked property come into play?
It comes into play when a parcel is subdivided in a way that creates a landlocked property, which is then sold.
When is an easement necessary?
An easement by necessity can be created when it’s necessary to cross another landowner’s private property in order to access yours.
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Access Right Law and Legal Definition
Access right is the right of a property owner to have access to his/her property. An owner of a property is having a right to enter or exit his or her property.
What is a property with no legal access?
A property with no access is the vacant land equivalent to a house that needs a lot of cleanup and repair. Why is a property with no legal access such an opportunity? Let’s start with exactly what the term “legal access” means. “Legal access” to a property is the right of the landowner to go from their land to the nearest road. There is no such thing as landlocked property or land without access. The land just doesn’t have it, yet. Every property can get legal access. However, the ease and cost of the process varies; it can range from very quick and easy to very long and costly. If the nearest road is not connected to your property, you will be traveling over an easement. An easement is the legally specified part of another person’s property that you are allowed to use in order to access your property.
How to get access to landlocked property?
The process for obtaining legal access to a landlocked property requires several steps. First, be absolutely sure it doesn’t already have legal access. To get legal access to a property that doesn’t adjoin a government owned road, you have to get an easement added to the landowner’s property you need to cross . Typically, easements are transferred with new ownership, but they aren’t always shown on the current deed. Sometimes easements are very difficult to find and are sometimes buried deep within deeds, leases, or other documents pertaining to a parcel of real estate. You can order a title report from a title company that will show access and utility easements.
What is easement in real estate?
An easement is the legally specified part of another person’s property that you are allowed to use in order to access your property. This is where the investment opportunity comes in. When you buy a property with no access you have to work to get access.
How to improve neighbor's land value?
Point out that the neighbor will improve their land’s value by having someone next door that is improving the neighboring land. They also will know who is living there, and what is going on next door.
Is it good to buy land with no access?
Most properties with no access are very cheap. There will be work to do after you purchase it, but that work can result in a large payoff. Super-cheap deals requiring a little work are the type of deals real estate junkies are always looking for.
Do easements always show on deeds?
Typically, easements are transferred with new ownership, but they aren’t always shown on the current deed. Sometimes easements are very difficult to find and are sometimes buried deep within deeds, leases, or other documents pertaining to a parcel of real estate.
Is it cheap to buy a house with no access?
Most properties with no access are very cheap. There will be work to do after you purchase it, but that work can result in a large payoff. Super-cheap deals requiring a little work are the type of deals real estate junkies are always looking for.
What is access in real estate?
In real property law, the term access denotes the right vested in the owner of the land that adjoins a road or other highway to go and return from his own land to the highway without obstruction. Access to property does not necessarily carry with it possession.
What is access in court?
access. 1 the opportunity to see and visit a child in cases where spouses have separated or divorced and care and custody of a child have been awarded to one spouse. The granting of access and the terms on which it is granted are within the discretion of the court.
What is access in paternity suit?
They do not necessarily need to own a corridor of land from their property to the nearest road, but they may claim an Easement of access.In a paternity suit, access means the opportunity to have had sexual relations.
What does freedom of approach mean?
Freedom of approach or communication; or the means, power, or opportunity of approaching, communicating, or passing to and from. Sometimes importing the occurrence of sexual intercourse; otherwise as importing opportunity of communication for that purpose as between Husband and Wife.
What does "access" mean in a deed?
2 this term when used in deeds signifies the right to go into a property and, often combined with egress, the right to go out of it. ACCESS, persons. Approach, or the means or power of approaching.
Why is it important to use "access"?
This rather vulgar use of "access" has been important because if a husband "had access" to his wife during the time when she became pregnant, it is presumed he is the father. Modern use of blood tests and DNA studies may show the father to be someone other than the husband whether the husband "had access" or not.
Who wrote the law dictionary?
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
