In most states it is impossible to sell a "landlocked" parcel as the law assumes persons' legal access to their property. To do otherwise may be fraud.
True.... BUT there are still numerous land locked parvels and eventually title passes. Whether by sale or by will, etc. AND, I have seen several in past years where variances were approved. So, while you're correct there are exceptions. Thanks for leaving a comment... I love the participation
I was our county surveyor here in northern AZ. We also have what we call "checkerboard" lands whereby private parcels, usually a section, are surrounded completely by Forest Service public lands with no roads in or out. I spent a career trying to explain the "dominant/servient" concept to irate landowners who didn't read their deed properly. All of a sudden they have a utility work crew digging on their property. I had to explain to them this concept and they were never amused. Ever try to the explain mineral rights appurtenant to a parcel to the owners?@@TheRealEstateClassroom
@TheRealEstateClassroom , thank you. It's in the state of Florida, and from all the many days and weeks of research I have done, it says No where I've read anything about having a time frame in which to have the easement appurtenant recorded. In fact, after calling numerous people in different departments in the county, everyone has told me that they were not aware and did not know of any such time frame in which the easement appurtenant needed to be recorded. I've spoken with Planning and zoning, easement and right of way department, etc.
what if someone is claiming prescriptive and necessary easement when title in question is clear and the driveway on owners land is/was used by both parties for the prescriptive time amount and there is alternative access? I am in NE.
Hi, my neighbor second story overlaps my property line air space by a feet, what are my options if I want do something about it, can I get any compensation for letting them use my space?
Hi Jose... yes there is something you can do about it and it depends on the state you're living in. Each state has their own rules a remedies for such actions... I would consult with an attorney before doing anything so you don't violate any laws or jeopardize your rights... it is something however you need to take care of because it will impact the sale of your property when you go to sell.
I'm struggling with this issue previous neighbor we were good friends built onto my property without permission when i wasn't home moved my markers i had all 4 around my property when i built home they added a gravel driveway and carport they sold property new neighbors involved i can't afford $10,000 into getting estate lawyer is so expensive when its messy lawyer won't tell u how much this can cost it's really a headache stressing me out
I’m thinking the answer is crop. The reason being is that if a person plants a vineyard for example, the harvest is considered personal property. They are called emblements. If a person sales a piece of land, they have a right to the product of their labor.
Actually you're not wrong. I should have clarified that in the video! Both tenant or tenement are correct and can be used interchangeable for testing purposes. Much depends on the state in which one operates. In fact, I have also seen real estate exam questions use both terms. This too depends on the testing company. Anyway thanks for the comment Beaker, I appreciate it!
Now this guy isn't correct there is no pass by law clause in this. It's part of the good neighbor act and you still can control them to a point. This guy needs to go back and hit the books
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Gotta say I appreciate how clear and concise you are without all the long drawn on BS attached! 👌
I appreciate that!
Thank you for all your helpful videos! I have a much better understanding then having to read a lot of material at once. Thank you!
You're very welcome!
I’m so comfortable with your explanations that subjects that was hard to understand you made it easy. Thank you
You're welcome! :o)
I appreciate you taking time out of your Busy schedule to help us pass the exam! These videos are everything we need and more!
Hi Kay... you're welcome... Keep studying... that's the only formula for passing the exam :o)
I really appreciate your videos. I love how you break it down. You have no idea the help you have been. I thank you so much helping me.
Hi Ruth... thanks for your kind comments. I am so glad they are helpung you with your studies! :o)
I'm going through an encroachment issue now. Now, I know how to handle it.
Thank you for this invaluable knowledge.
Thanks Margo! Best of luck with your issue! 😀
Super clear and concise explanations, very helpful, thank you so much!
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i just love how Paul teaches thanks you for sharing your knowledge
Thank you
This is amazing.
Thank you!
Thank you very much for this video! I have a presentation to make on easements and all you said was crystal clear. Greetings from Argentina.
Hi Juan... Wow! Argentina... I am honored.... I am glad the videos were helpful... Thank you for leaving us a comment 😁
This is a VERY helpful video, thank you!
Thank you!
Fantastic video… as are the many others I’ve seen
Thank you
Great teacher l really enjoyed listening to you my friend.
Thank you
Thank you for your material !
You're Welcome!
WOW! THANK YOU
In most states it is impossible to sell a "landlocked" parcel as the law assumes persons' legal access to their property. To do otherwise may be fraud.
True.... BUT there are still numerous land locked parvels and eventually title passes. Whether by sale or by will, etc. AND, I have seen several in past years where variances were approved. So, while you're correct there are exceptions. Thanks for leaving a comment... I love the participation
I was our county surveyor here in northern AZ. We also have what we call "checkerboard" lands whereby private parcels, usually a section, are surrounded completely by Forest Service public lands with no roads in or out. I spent a career trying to explain the "dominant/servient" concept to irate landowners who didn't read their deed properly. All of a sudden they have a utility work crew digging on their property. I had to explain to them this concept and they were never amused. Ever try to the explain mineral rights appurtenant to a parcel to the owners?@@TheRealEstateClassroom
Is there a statutory time frame for an easement appurtenant agreement to be recorded?
nothing you need to know for the exam; however, state law will always dictate these types of things
@TheRealEstateClassroom , thank you. It's in the state of Florida, and from all the many days and weeks of research I have done, it says No where I've read anything about having a time frame in which to have the easement appurtenant recorded. In fact, after calling numerous people in different departments in the county, everyone has told me that they were not aware and did not know of any such time frame in which the easement appurtenant needed to be recorded. I've spoken with Planning and zoning, easement and right of way department, etc.
@@billcooper1930 Most appurtenant eaasement don't have any expiration time since they pass with title. It usually takes a court order to terminate one
@@TheRealEstateClassroom thank you 😊
@@billcooper1930 You're welcome! 😁
what if someone is claiming prescriptive and necessary easement when title in question is clear and the driveway on owners land is/was used by both parties for the prescriptive time amount and there is alternative access? I am in NE.
Hi, my neighbor second story overlaps my property line air space by a feet, what are my options if I want do something about it, can I get any compensation for letting them use my space?
Hi Jose... yes there is something you can do about it and it depends on the state you're living in. Each state has their own rules a remedies for such actions... I would consult with an attorney before doing anything so you don't violate any laws or jeopardize your rights... it is something however you need to take care of because it will impact the sale of your property when you go to sell.
Good job teaching!
@@roylloyd5898 Thank you
I'm struggling with this issue previous neighbor we were good friends built onto my property without permission when i wasn't home moved my markers i had all 4 around my property when i built home they added a gravel driveway and carport they sold property new neighbors involved i can't afford $10,000 into getting estate lawyer is so expensive when its messy lawyer won't tell u how much this can cost it's really a headache stressing me out
😎 awesome!
Thank you
Jeez sometimes I wonder are we studying to become a real estate sales person or a real estate lawyer.
would an evergreen tree and a bush be considered an emblement?
Nope... they would be considered fructus naturales
I wonder how many fences are actually placed in their proper location. I bet not too many.
Probably about all of them lol
I have question in my exam
One of the following never to be a fixture
1- tree
2- land
3- crops
4- I can’t remember this one
I’m thinking the answer is crop. The reason being is that if a person plants a vineyard for example, the harvest is considered personal property. They are called emblements. If a person sales a piece of land, they have a right to the product of their labor.
I am not trying to be a jerk, but I believe the terms are servient tenement and dominant tenement.
Actually you're not wrong. I should have clarified that in the video! Both tenant or tenement are correct and can be used interchangeable for testing purposes. Much depends on the state in which one operates. In fact, I have also seen real estate exam questions use both terms. This too depends on the testing company. Anyway thanks for the comment Beaker, I appreciate it!
You forgot easement by necessity the land must be of common ownership
Unfortunately, sounds like it time to hire an attorney to write a stern letter
YT algo comment : )
Dominant tenet means you have needs from the neighbors
Easement by prescription owners are bastards
Thank you
Now this guy isn't correct there is no pass by law clause in this. It's part of the good neighbor act and you still can control them to a point. This guy needs to go back and hit the books
Thanks for the comeeent... I appreciate it