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> *From:* Af [mailto:af-boun...@afmug.com] *On Behalf Of *ch...@wbmfg.com
> *Sent:* Thursday, October 08, 2015 10:40 AM
> *To:* af@afmug.com
> *Subject:* Re: [AFMUG] Property law question
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> I have written m
Behalf Of ch...@wbmfg.com
Sent: Thursday, October 08, 2015 10:40 AM
To: af@afmug.com
Subject: Re: [AFMUG] Property law question
I have written many easements. ROW normally is a specialized easement so that
something can cross your land. Roads specifically are on ROWs.
The easement language
possessing the original ROW rights
to agree to the new easement or feature in the ROW. County road authorities
allow underground cables, poles and towers in their ROWs all the time.
From: Adam Moffett
Sent: Thursday, October 8, 2015 7:57 AM
To: af@afmug.com
Subject: Re: [AFMUG] Property law
Does it make a difference if it's a public right of way? In that case
the landowner "owns" to the center of the road, but the county or muni
has a ROW 50' wide centered on the property line. Is that dramatically
different from shared driveways or other arrangements to make a driveway
to landl
AFAIK and IANAL
Anything placed in the ROW by a landowner or its assigns is subject to
removal, movement, etc. by the utility in the ROW.
Now, it probably would not be a typical thing to have a utility company do
that, they would be more inclined to work around it.
Regards,
Chuck
On Thu, Oct 8,
This would be largely dependant on the language in the initial easement.
And I think you are really talking about an easement on private land, not a
public right of way, correct? I don't see any reason why you could not
grant a second easement for someone to put a utility pole next to a
driveway. T
As my lawyer assays though. You can put anything in a contract. Maybe you
restricted the ROW to the point you retained the necessary rights. No
offense to lawyers but I haven't met one that could read any better than
me. They are good about finding things you want to do but are patently not
enforce
I do need a lawyer for this question, yes.
Sometimes I ask the list first because the list responds quickly and
sometimes knows stuff.
What you're saying here about giving rights to the same property twice
is exactly what I was thinking.
On 10/8/2015 8:54 AM, Lewis Bergman wrote:
You need a la
You need a lawyer. My guess is that what you are calling a ROW in fact is
an easement in that you gave certain rights to the ROW owner. You already
"demised" the property so you can give the same thing again you indian
giver. Seriously though, you can't give rights to demise the same property
twice
If you've already provided a right of way through your property, such as
for a road or driveway, can you then sell an easement for a piece of
land in the right of way? Such as for a utility pole adjacent to the
driveway, but still in the right of way.
It seems like there could be a conflict h
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