James Stewart Mattson's Answers

Rights of a grantor to an access easement

I don't want to make these people wait forever for an answer, but the fact of life is they need to engage a good land-use attorney in their community (not the lawyers who close real estate transactions, but the ones who litigate). These easements cause trouble throughout the United States, and the solutions are as varied as the circumstances. Basically, the use of the easement is limited by its written terms. Acquiescence to activities beyond the original terms can give rise to problems. You...

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Red tagged home, and then demolished.

Normally I would not answer a question with so little in the way of facts, but as a former Michigander I feel that I should say something to this questioner. (My law practice is normally adverse to local governments, so this kind of issue always tickles my fancy.) Most (probably all) local governments (villages, cities, counties) have ordinances that allow the demolition of unsafe or unpermitted structures. The U.S. and most (if not all) state constitutions require that due process be given...

Land easement request

Even though I practice in Florida, these easements are common throughout the United States. You are entitled to Just Compensation for the easement, whether it is permanent or temporary. You are essentially selling a piece of your property to the utility company, and for that you need to be compensated. I recommend you find a lawyer in your area who practices Eminent Domain law -- NOT a real estate lawyer. You need the folks who represent landowners when the government wants to build an airport,...