
08-11-2023, 05:19 PM
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Sage
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Quote:
Originally Posted by Bill14564
I believe you mean easement and not all deed restrictions provide for that 1 foot section. I haven't looked at many but I haven't found it at all. The typical language is:
The Owner of the servient tenement shall have the right at all reasonable times to enter upon the easement area, including the right to cross over the dominant tenement for such entry, in order to perform work related to the use and maintenance of the servient tenement. Depending on the definition of "reasonable times," probably a defense against trespassing. Note, this doesn't necessarily give the right to touch or move anything within the easement.
Description of the Side Yard Easement. The side yard easement shall extend over that portion of the servient tenement lying between the side Homesite lot line of the dominant tenement and the building wall... No mention at all of a one foot exclusion from the easement.
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Over hang is 1 foot.
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