Posted: 9/3/2010 11:21:43 AM EDT
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When we purchased our 3 acre plot with house neighbor behind us had an easement, established through recorders office, with previous owners. Since then he and another entity have had their property lines moved around which gave him 175' of road frontage. Two months ago he put in a culvert and a "service lane", inspected and approved by the county. What can I do legally to remove the easement.
He wont sign off on releasing the easement so it looks like I will have to take it to the courts???? Tony |
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The only thing you are probably going to be able to do is to purchase the easement from him.
If it is a recorded easement, and especially if he has been using or maintaining it, then you are probably SOL. The court is probably going to say you knew of the presence of the easement when you bought the property, and just because you don't like it there isn't reason for the court to address the problem. If the other owner has expanded the easement past its recorded boundaries, then that is another matter and you need a lawyer and a surveyor to document what is where. |
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The only thing you are probably going to be able to do is to purchase the easement from him. If it is a recorded easement, and especially if he has been using or maintaining it, then you are probably SOL. The court is probably going to say you knew of the presence of the easement when you bought the property, and just because you don't like it there isn't reason for the court to address the problem. If the other owner has expanded the easement past its recorded boundaries, then that is another matter and you need a lawyer and a surveyor to document what is where. No. An easement only grants use, not ownership, regardless of whether it's recorded on the deed or not. I don't know the exact procedure you'll need to go through OP - real estate is just a small part of my practice. I do know, however, that you do have a valid case based on the owner of the property behind you now having access to the road. This access negates the need for the easement. |
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"Need" for an easement is only a factor for easements that are created by legal doctrines involving such, in general deeded easements are not extinguished by the creation of alternate access unless such was a term of the grant.
The OP may want to consult with a specialist in his local state to see if there is a local exception and to have the chain of title examined. |
| Okay––––went and talked to attorney. Said for $2500 he guarentee that I would have a 50-50 chance of having the easement removed. Also spoke to neighbor behind us and informed him that I would be putting in, 3 gates with self closers, to contain our future pets aka pygmy goats and burro. His jaw hit the floor............. |
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Specifically quoted from title "ingress/egress" no other stipulations on title. I will give him till spring of 11 to finalize his service entrance and proceed with installation of gates. Quoted:
OP, what is the purpose of the easement (what's it say?) I would go ahead and install the 3 gates just be sure he can get through them to his proprety and you should be good to go. This might persuade him to get his service entrance made. Either way he has a deeded right across your proprety to his and there is nothing you can do about it even if he has another access point. |
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So you wanna talk about pissed......Just finished putting up the back yard fence for the dogs. I was Outside with dogs in backyard last and neighbor with the easement pulls up and states that he would still like to continue to exercise his rights with his easement. Told him I didnt have a problem with that. I also informed him that phase 2 of the fencing project would kick off in Spring of 2011 which included 2 gates that he will have to pass through. He's ready to lawyer up in his own words. Little does he know that I have already spoken to a lawyer myself.
Question––––-do i need to legally inform in some way that the gates would going up prior to installation? |
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This is in WV not OH so it may be different, but we own land where the electric company has an easement for reading the two meters. We fenced in the land and installed a gate with a lock across the driveway. All we had to do to remain in compliance with the easement was to provide the power company with a key to the lock for the gate.
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So you wanna talk about pissed......Just finished putting up the back yard fence for the dogs. I was Outside with dogs in backyard last and neighbor with the easement pulls up and states that he would still like to continue to exercise his rights with his easement. Told him I didnt have a problem with that. I also informed him that phase 2 of the fencing project would kick off in Spring of 2011 which included 2 gates that he will have to pass through. He's ready to lawyer up in his own words. Little does he know that I have already spoken to a lawyer myself. Question––––-do i need to legally inform in some way that the gates would going up prior to installation? What did your lawyer say |
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No legal action on his behalf yet. After the gates go up I will remove the drive way beyond my backyard, backfill with soil and plant grass seed to further deter him from operating a vehicle on my property. Tony Removing the driveway that he has legal right to use is where you will get in trouble with the law. If he wants to push it you cannot stop him if he has deeded right a way nothing wrong with putting up gates as long as he can get though but taking up the drive is asking for trouble that could end up cost you a pile of money |
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No legal action on his behalf yet. After the gates go up I will remove the drive way beyond my backyard, backfill with soil and plant grass seed to further deter him from operating a vehicle on my property. Tony Removing the driveway that he has legal right to use is where you will get in trouble with the law. If he wants to push it you cannot stop him if he has deeded right a way nothing wrong with putting up gates as long as he can get though but taking up the drive is asking for trouble that could end up cost you a pile of money No sign that EVO1 is taking this good advice. |