Questions For Attorney

  • June 2020
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Questions for Attorney I closed on this property in 2003. I moved onto the property full time in October 2005. I was living in South Florida at time of survey and I gave the realtor and mortgage company authority to make arrangements for the survey. I was not on property at time of survey. These are some of my present concerns: 1. I bought title insurance, but Item #4 on the survey says the surveyor was not working with a current title opinion or abstract. How do I make sure that the survey is consistent with documents in my title insurance policy? 2. The survey notes appears to refer to 4 different easements, but I don't find all of them on the survey. 3. Is the easement that is listed as "for purpose of road and utilities ingress and egress" automatically open to the public? I have a neighbor who is utilizing this easement from the rear of his property although he already has front yard access to a public road. This neighbor began building his home just as I bought my property, and his utility power pole is along this easement. This neighbor came to me at that time and told me that he had thought he had an easement across my property to reach his building site but had recently discovered that his easement did not extend all the way to his building site. He asked me for awritten , permanent, easement but I refused. He then asked me for permission to cross my property in order to deliver building supplies to his building site while he worked on getting a permanent easement across another person's property. I granted that request but he quickly acquired the other easement, without ever using my property to deliver supplies. I want to end his and his children's movement along this easement. See incident report. 4. What are the limits to my personal use of the easements that cross my property? Can I fence the easements if I leave free and easy access (keys, codes) to those with legal access to the easement? Plant crops? Animals? 5. What are my obligations to maintaining the easements? pot holes, bush hog, remove fallen trees, etc.?

Am I required to fill

6. The northern border line of my property "meanders along" an overflow line. What is an overflow line? Can I fence this northern border line? Any land use restrictions near the overflow line? 7. I would like to sell about five acres of the most western portion of my property. Is this possible? 8. 9.

What are survey iron rods and caps? 4-wheelers,

What are survey monuments?

friends, horses, parking, planting...

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