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Steps in Editing Easement Agreement on Windows

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PDF Editor FAQ

Has a neighbor tried to claim part of your yard as their property until you had to legally prove otherwise?

Sort of…my neighbor is trying to claim that my easement to the shared well on his property isn't valid, ever since I bought the property last summer (2020). He simply doesn't want to share anymore, even though the well has been shared since the houses were built together 60 years ago. This well is a very good well and was actually made to support four homes, so it's not like there's any reason to be concerned about scarcity.The real issue is that the previous owner neglected the property and let the pipes freeze and break, which would cause water to just flow and flow out of the well until he could get into the cellar and shut off the well pump.Now that he's decided that he doesn't like this arrangement anymore, he's also decided that the last time the easement was actually valid was when the house was first sold in 1960, when the easement was created for the buyers. Since no one was actually named as receiving the easement after that, he’s arguing that it didn't exist anymore, nevermind that multiple owners of my house had been using the well for 60+ years.His lawyer has been..…umm… “unable” to inform him otherwise so far, and they have been making all kinds of noise, including harassing my well pump repairman the other day, refusing him access. He demanded notice that we were accessing the well, indemnification agreements, etc, and tried to get me to sign a “temporary easement" agreement, like I needed that.Ever wonder what you're paying for when you buy a house and the closing costs list a line item for “Title Insurance……$350”?Well, one thing it's good for is protecting your vital well access from your neighbor's notions about easement law. I forwarded the neighbor's claims to the Title Insurance Company and they gladly looked up a mound of case law and precedent showing that easements follow the property (appurtenant), not the people (gross), unless all others are specifically excluded in the deed, which they were not on this case.That, as they say, was the end of that.Or at least it should have been.Apparently we're going “facts optional” here. I just got another letter from my neighbor demanding that I sign a temporary easement agreement even though I already have deeded access.<Sigh> Looks like it's time to open a claim on the Title Insurance. Dude needs to get a hobby. Ok, a different hobby.

Libertarianism: In a stateless society based on private property rights, how would you avoid imprisonment by another individual purchasing all the property surrounding your property?

Firstly, Eran answered this beautifully, but I wanted to point one other thing out:Your condition: "This question assumes there are no separate access parcels or easements rights to allow you access off your property." doesn't make any sense. There HAS to be some type of access to your property.If you owned a piece of property that is surrounded by other properties, (perhaps like a tic-tac-toe board where you own the center square), then even before the other individual purchases all the surrounding property you must have a means of access ... an easement to your "center square". Either you own one of the surrounding properties and use that as your avenue of egress, or you have an easement agreement with one of the existing property owners. Without one of those two situations, you never could have had access to that piece of property in the first place.So to protect against someone "imprisoning" you, either you simply don't sell the property that provides you access to and from your main property (center square), or you simply make the easement agreement require that the property containing the easement cannot legitimately be sold without your knowledge and/or the buyer agreeing to honor the easement as well.This isn't much different than how it's done today.

If a neighbor's sewer line runs through my property to connect to the main, and that pipe gets a hole and a leak, is the neighbor responsible for all repairs as well as other damage to the property?

Most likely, yes. If your neighbor's sewer line runs through your property then there is a sewer easement encumbering your property to the benefit of the neighbor's property.Simply research the public record and find the easement agreement. That will reveal the terms of the neighbor's use of your property, which likely requires the neighbor to maintain the sewer line and pay for any damage to your property caused by its use.

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