Need to know driveway access through the corner of another persons property after over 30 years of use?
You don't likely have a claim for Imminent Domain but you may have a claim of Prescriptive Easement.
Castle Rock, CO
Real estate Lawyer at Castle Rock, CO
Practice Areas: Real Estate, Landlord & Tenant ... +2 more
You don't likely have a claim for Imminent Domain but you may have a claim of Prescriptive Easement.
May the HOA enforce this covenant, likely yes. But, you do have ways around this, trust, entity ownership, add child to title, etc.
Is it possible that your neighbor could force you to move your structures off of his or her land? Yes. However, you may have a defense of adverse...
I think you have some legal leverage on this builder. Simply claiming that the drainage is not his/her fault and not a warranty item is unlikely...
A lease contract with a personal guarantee is certainly leverage that a Landlord may wish to attempt to utilize in order to collect from you. ...
You may have a strong defense and a counterclaim that will help you get paid for the debt you are owed. But, you are being sued and you must...
Based on your facts it seems that your new neighbor either does not understand the easement or is simply refusing to honor the easement. You may...
If sugar doesn't work you may need to us the stick. If the owner is restricting your rights and will not allow you to access your easement you may...
Just because the HOA Board is not active does not mean that the HOA has been dissolved. The CC&Rs seem to require a filing to dissolve the HOA...
If the land has value, I recommend having an attorney review the docs and help you to ensure you have valid and marketable title to the property. ...