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John Paul Turner

John Turner’s Answers

1 total

  • We purchased our home which includes a 22 ft public utility easement that is paved for the flag lot which is behind us.

    Does the dominate estate have rights to all 22 feet even if we or property line runs across the paved driveway our neighbor has cut into our grass over 3 ft 8 months ago and left it torn up it was paved only 11ft when we purchased the property new...

    John’s Answer

    Typically, a "public easement" is controlled by the utility company who originally acquired the right of way either buy purchase or through eminent domain from the underlying owner. A "private" easement can also be created as part of a short plat (division) of the larger parcel into smaller building lots. The terms and conditions of either easement should be included in the document itself and recorded. You can contact the title company you used during the purchase of your home and obtain a copy of the recorded easement to see what rights your neighbor actually has with regard to this area of the property.

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