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Hawaii real estate law pertaining to easements
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10-30-2010, 05:17 AM
quote:Another option would be to put a mine field on the easement ][][]Aloha, John S. Rabi, GM,PB,ABR,CRB,CM,FHS 888.819.9669 johnrabi@johnrabi.com http://www.JohnRabi.com Typically Tropical Properties "The Next Level of Service!" (This is what I think of the Kona Board of Realtors http://KonaBoardOfRealtors.info)
10-30-2010, 09:55 AM
We too lived in a house with an easement - a shared driveway. What a pain. And not with the mainland owners but others who had access to the house. The owners were gems.
Never again. Maintenance was not the issue, we did it. Patience was for the 30 sec oh i forgot my cell phone stop. Or realtors who just pulled into the center and stopped to do a showing and did not move car when politely asked. (not you John or John!) We tried to be accomodating but when the others not owners got pissed about something else they
10-30-2010, 11:25 AM
Isn't it amazing how this stuff leads to war?
The basic principle is so simple. If you pass through someone else's space, tread lightly, drive at a reasonable speed, quietly, be mindful of not disturbing folks, and don't obstruct the roadway. Remember it is not your property. If people need to pass through your space, keep it open so they can do that. Accept that you have a duty to share and can't develop that part of the property. Civility and the Golden Rule should make it work, yet so often it's a disaster.
10-30-2010, 12:30 PM
She just doesn't want to pay to keep it cleared is how I'm seeing it.
Puna: Our roosters crow first
10-31-2010, 05:11 AM
Well, a big set of bolt cutters might be a good "master key" if she forgets to send the key anytime soon.
How about doing a "consolidation and re-subdivision" of your two lots and then selling her the driveway access? Then she'd be in charge of her own driveway and you'd not have to deal with her that much. I'd probably not answer any of her emails, myself, but that's just me. If she's able to get cables installed, she's able to get land cleared. Does she have to ask permission to clear the land? I dunno, but perhaps if you give her permission with the specific details of what she can and can not do to clear the land that will set precedent that she needs your permission for things. Kurt Wilson Kurt Wilson
11-01-2010, 01:19 AM
So 8,
Do you use the same portion of your property in any way that is where the neighbor's easement is located? What is the condition of the land where the easement is? Dan
11-01-2010, 02:57 AM
Hotzcatz, I doubt she would buy anything after all the whole idea of her demands is to get something for free...
Daniel, we do not use the easement, in fact our driveway will be about 750-1000 feet away, give or take. The land is jungle, the previous owner bulldozed the easement about three years ago I think.
Puna: Our roosters crow first
11-01-2010, 06:56 AM
You really need to have an attorney familiar with Hawaii laws and court interpretations review the entire situation. Words like maintenance can mean many things to many people and could be interpreted one way under one set of circumstances and another way under a slightly different set of circumstances. Both owner and user are bound to "maintain" the easement, but the circumstances and specific may place the burden on one or the other.
11-01-2010, 01:31 PM
quote:Of course this wouldn't happen if you hired a real estate attorney.[  ][][]Aloha, John S. Rabi, GM,PB,ABR,CRB,CM,FHS 888.819.9669 johnrabi@johnrabi.com http://www.JohnRabi.com Typically Tropical Properties "The Next Level of Service!" (This is what I think of the Kona Board of Realtors http://KonaBoardOfRealtors.info) |
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