what is a lawyer that specializes in right of ways

What is the right of way in law?

In the context of property law, it is the right to travel over someone's land and to have the reasonable use and enjoyment of their property as long as it is not inconsistent with the owner's use and enjoyment of the land. The right of way may be a specific grant of land or an "easement," which is a right to pass across another's land.

Who has the right of way when approaching an intersection?

Generally, a driver approaching an intersection must yield the right-of-way to traffic already in the intersection (traffic in the intersection has the right of way).

Why hire our Daytona real estate attorneys?

Our Daytona real estate attorneys are skilled negotiators who can work with you to discover a compromise that can save you time and money.

When do you need a lawyer in a property access dispute?

When you are facing a dispute regarding access to your property or access to an easement or right-of-way, you need an experienced Florida real estate lawyer to review the facts and circumstances in the case, conduct a title examination, and research relevant Florida laws to determine your options for resolving the dispute.

What are the 4 types of lawyers?

Bankruptcy Lawyer. Bankruptcy lawyers are experts in the U.S. Bankruptcy Code, and handle insolvency issues for individuals or corporations. ... Business Lawyer (Corporate Lawyer) ... Constitutional Lawyer. ... Criminal Defense Lawyer. ... Employment and Labor Lawyer. ... 6. Entertainment Lawyer. ... Estate Planning Lawyer. ... Family Lawyer.More items...

Which type of lawyer is best?

The Top 10 Lawyer Types You're Most Likely to NeedBusiness Lawyer (litigation or transactional) ... Family Lawyer (a.k.a. Domestic Relations Attorney; a.k.a. Divorce Lawyer) ... Traffic Lawyer. ... Trusts and Estates Lawyer. ... Immigration Lawyer. ... Personal Injury Lawyer. ... Real Estate Lawyer.More items...•

Who is responsible for easement maintenance in California?

The owner of(a) The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair.

What do you call a lawyer who?

advocate, attorney, attorney-at-law, counsel, counselor.

How many types of lawyer are there?

What are the two main types of lawyers? There are two main types of lawyers in criminal law are attorney and prosecutor.

Who is the highest paid lawyer?

Highest paid lawyers: salary by practice areaTax attorney (tax law): $122,000.Corporate lawyer: $115,000.Employment lawyer: $87,000.Real Estate attorney: $86,000.Divorce attorney: $84,000.Immigration attorney: $84,000.Estate attorney: $83,000.Public Defender: $63,000.More items...•

Can a property owner block an easement?

An easement is granted by one property owner to another, and typically means the original landowner can no longer build on or around the easement, or restrict access to it.

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).

Who is responsible for the maintenance of a private right of way?

A At common law, the owner of land subject to a private right of way (“the servient owner”) is under no obligation to maintain it. If someone with a right to use the roadway (“the dominant owner”) wants it mended, it is up to them.

What is a female lawyer called?

On several occasions, female lawyers and judges are made to affix their status to their names such as “Miss”, “Mrs.” and “Ms.” during introductions in court or in legal documents, while the male lawyers and judges are not required to do so or can use general terms like “Mr.”.

What name is given to a female lawyer?

Address the envelope with her full name and either "Attorney At Law" or "Esquire." Do not use "Ms." on the envelope. For example, "Mary Smith, Attorney At Law." The next line would be the name of her law firm if applicable, then the address.

What does a paralegal do?

Paralegals spend most of their time drafting and preparing legal documents. They draft legal reports and supporting documents to assist attorneys during the current case. Paralegals also draft complaints, legal briefs, interrogatories and pleadings.

What is a right of way?

A private Right of Way typically gives one land owner the right to use another’s property, usually a road of some kind, to get to and from her land. This right is usually given in the form of a deed, much like a deed to property. Every party to a Right of Way thinks she understands how the Right ...

What is a right of way agreement?

A written Right of Way Agreement signed at the front end is a relatively easy way to avoid this. You just need to put your mind to the issues up front.

What to do if there is no stop line?

If there is no stop line, stop before the crosswalk. If there is no crosswalk or stop line, stop at a place where all approaching traffic can be seen. Proceed only after stopping and yielding to all pedestrians and other vehicles in the intersection.

Why is it important to yield right of way?

Yielding the right-of-way can help prevent accidents and save lives. when a funeral procession enters an intersection with its lights on. The lead vehicle of the procession must obey stop signs and traffic signals.

When two vehicles on different roadways arrive at a four-way stop intersection at the same time, should the vehicle

When two vehicles on different roadways arrive at a four-way stop intersection at the same time, the vehicle on the left should yield to the vehicle on the right. when two vehicles on different roadways reach an uncontrolled intersection at the same time. The vehicle on the left should yield to the vehicle on the right.

What does "yellow" mean on a highway?

to any authorized vehicle engaged in construction or maintenance of a highway that is displaying amber (yellow) oscillating, rotating or flashing lights. Yielding the right-of-way can help prevent accidents and save lives.

When must a driver yield the right of way?

A driver must yield the right of way: when police or emergency vehicles are using sirens or flashing lights. The driver must pull to the right-hand edge of the roadway and stop, if necessary. Intersections must not be blocked. when making a right turn on a red light after a stop.

What is the right of way?

In the context of property law, it is the right to travel over someone's land and to have the reasonable use and enjoyment of their property as long as it is not inconsistent with the owner's use and enjoyment of the land. The right of way may be a specific grant of land or an "easement," which ...

When approaching a YIELD sign, should you slow down?

when approaching a YIELD sign. You should slow down or stop to avoid an accident. even after the light turns green when there are vehicles in the intersection. when emerging from an alley, building, private road or driveway after coming to a complete stop.

About the author

I'm full time builder for a large construction company in New Hampshire. I run their design-build division that specializes in custom homes, commercial design-build projects and sub-divisions. I'm also a licensed civil and structural engineer with extensive experience in civil and structural design and home construction.

140 Comments

Todd, this is an interesting subject for me. We have an easement to our neighbor’s well and well water! There is a pipe that goes under the road and terminates in our basement. We don’t use it and likely never will since we have our own well. Still, it is on our deed.

When Others Can Use Your Land

Janet Wickell is a mortgage and home loans expert who has written about topics including real estate/real estate resources and financing your home purchase. She co-owned a real-estate agency in North Carolina and is the author of "The Everything Real Estate Investing Book."

What Is an Easement?

When you buy property, there might be a nearby landowner or business or someone else who needs access to portions of your land. They may need to pass through your property to get to their own property or conduct business. An easement is a legal ability to use someone else's land for a certain purpose.

How an Easement Works

An easement exists if there was permission given for an activity to occur at some point. It can be granted by landowners and written and recorded at a county clerk's office. It can also be implied as necessary without any written action. When registered and recorded, the easement becomes an encumbrance, or a claim, on the land's title.

Easements vs. Rights-of-Way

An easement is the right to use another person's land for a stated purpose. It can involve a broad part of the property or only a certain portion.

Other Types of Easements

There are some other types of easements that give certain entities the right to engage in certain activities on land:

What Are the Effects of Easements?

The landowner who grants an easement can't build structures within a prescribed area surrounding it, and they also can't use fencing to hinder access. Any activity that blocks the use of the easement is prohibited. 2

Can Easements Affect Property Values?

Easements can affect property values, but if you buy land that already has an easement, the land's value includes the easement as well. If someone buys an easement on your land, a real estate appraiser conducts a valuation of the property.

What is an easement attorney?

An easement attorney should be well-schooled and experienced in the various easement laws in the State where they operate, and because these laws can be quite different from State to State and even from one county to another, hiring someone who knows the local layout, as far as easement laws, is pretty important. Those who run into various easement issues are sometimes surprised by the commonality and the wide spectrum of easement cases.

What to do if you allow someone to use land put in writing that it is not and easement?

If you allow one to use land put in writing that it is not and easement, the help of a lawyer to draw this up is recommended. Check property regularly to ensure it is not being used in such a way that may lead to an easement should it continue for whichever time frame local governments have specified. Give permission, which can seem counter-intuitive but which can establish that you are lending in a limited timeframe preventing an easement.

What happens if the servient estate holder is unwilling to recognize the right of use?

However, if the servient estate holder is unwilling to recognize the right of use, the holder of the prescriptive easement may have to file a law suit to have a court declare that all the mandatory criteria have been satisfied. IV. Characteristics of Easements. a.

Which act gave the right to water conveyance?

Easements under both the 1894 Carey Act and the Right of Way Act of 1891, are subject to forfeiture for nonuse. E.E. Eggebrecht, Inc. v. Waters, 704 P.2d 422 (Mont. 1985). Carey Act. In August, 1894 Congress enacted the Carey Act, which formally granted the right to water conveyance easements across the public domain.

When drafting an express easement, should the parties clearly define the scope and location of the allowable use at the

In drafting an express easement, the parties should clearly define the scope and location of the allowable use at the time of creation. Otherwise, it may be left to the courts to determine the original intent of the parties, in hind-sight, when problems arise regarding the use of the easement. a. Federal Law.

What is the manner in which an easement is created?

The manner in which the easement is created will necessarily dictate the scope of the easement and the extent of the encumbrance on the underlying real property. For example, the grantor of an express easement can specify the nature, extent and precise location of the easement.