Legal Question in Real Estate Law in Hawaii

perpetual easement for public road
Property was subject of public road easement during 1950's. Owner's in nearby properties didn't agree to give up property for public road project for these first generation homeowner. The 2nd Homeowner started building a house even it said in the deed that the entire lot C is subject to an easement for public roadway. To this day, the public road had never been implemented by the local government. One of the neighbors which is the 3rd owner now had a perpetual easement for any purposes over across under and beyond to lot C. Does this mean that If the first generation wrote all these encumbrances during 1950's will still prevail? Even after the house was built on 1970's by the 2nd generation homeowner? If the 3rd generation purchase the lot C property does this mean that the 3rd generation homeowner and a neighbor can use the parking lot or can come around in the backyard of lot C owner without restriction? What kind of legal rights 3rd generation homeowner of Lot C will have. Can the perpetual rights of the neighbor over Lot C substantiate as to adverse possession? What is land trust and who are they. Can encumbrances be extinguish since the Lot C has house built in it since 1970's. Is neighbor can just do anything to lot C?

Asked on 5/05/06, 10:47 am

Jon Zahaby Tour bus, scenic and sightseeing, operation

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Re: perpetual easement for public road

I would need at least a TMK or address and poss. a preliminary report to even begin to answer this question. Thanks Jonny Zahaby

Answered on 5/05/06, 7:59 pm

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