# Easement Question



## Huntmo1 (Nov 30, 2011)

My wife and I are looking at pulling the trigger and finally buying some land in MO. We found a nice 40 acre property with a old cabin in a location that we really like. The one hesitation I have, however, is that access to the property is via a 200-300 yard easement. I asked the realtor about it and she said this:

"The easement is recorded and stays with the land."

I don't have any experience with easement, so I'm a little worried that might be a problem in the future. If it's a legal, recorded easement, should I not worry about it, or are there additional questions I should be asking.

Any advice would be appreciated.

Thanks!


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## TxRPLS (Jan 27, 2014)

Have you read it? I would look to see if there are any special terms or conditions but otherwise it doesn't sound like anything to be overly worried about.


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## homstdr74 (Jul 4, 2011)

lanewilliam21 said:


> My wife and I are looking at pulling the trigger and finally buying some land in MO. We found a nice 40 acre property with a old cabin in a location that we really like. The one hesitation I have, however, is that access to the property is via a 200-300 yard easement. I asked the realtor about it and she said this:
> 
> "The easement is recorded and stays with the land."
> 
> ...


LEGALLY you probably won't have any problem, but what's the neighbor like whose property you have to go through? We've had road issues before and found that most often it isn't the law that will give you trouble, it's more often the interpretation and application of it by the landowner.

Also, many people, such as realtors, tell you what they think they know, not what you might find out later on your own. Save yourself time and trouble and read the document or hire a legal eagle to look it over for you.


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## goatlady (May 31, 2002)

Chat with the neighbor also - they might expect help in maintaining the roadway, mowing, etc.


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## Cyngbaeld (May 20, 2004)

You need to know exactly what type of easement it is. Was it paid for, or is it prescriptive and was it a hostile taking? Best if it was paid for.


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## oneokie (Aug 14, 2009)

You also need to know if it is only for the property you bought, not useable by others. Depending on the wording, it could be available to every tom, dick, and harry that wants to use it.
ETA: What you want is a "restrictive" easement. As was mentioned, look at the easement document and if you do not understand it fully, get a copy and take to an attorney for a legal opinion. Spend a few dollars now and not get surprised later.


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## big rockpile (Feb 24, 2003)

Is this for Ditching and Electrical because you will need Easement for both. And are you to Maintain it?

big rockpile


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## utilitytk (Feb 21, 2014)

We have easements of various types all over our county in NC. Being a REALTOR, I would advise asking an attorney that specializes in real estate to interpret this easement for you. They are the only people that can LEGALLY assist you in this. Everyone else would be practicing law without a license if they are telling you what this easement means and what the details are. Personally, we have an easement to get to our home and have no issues at all. Plus, we are 300 yards off the road so lots of privacy and I LIKE IT.


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## Lupine (Oct 2, 2013)

OK. I've been there. In 2006 I purchased a large wooded lot. A deeded easement for 50' wide roadway (no power easement, though I did have rights to the well) was in place on the 15 acres between my property and the county maintained road. Both parcels had once been a single large lot, subdivided by a parent years before to give ownership to an adult child of the back lot.

There was a graveled road that went from my property to the neighbor's, but the only way through the neighbor's was via his driveway, which was between his house and barn. 

The owner of the frontage parcel bought the land in a foreclosure situation and did not do a check on title/easements, according to the man from whom I purchased my parcel. 

During the escrow process, I had the roadway and building site inspected by the fire marshal, the septic approval updated among other things. I also insisted that the seller arrange a meeting between myself and the neighbor. 

The neighbor (Let's call him "Jack", as in "Jack*ss" was a couple years younger than I; hardworking guy in his late 30s with a stepdaughter and wife. I gave him a general idea of what we wanted do do with our land (small house, a few small livestock animals, a garden). I asked him if he had any concerns (yes; safety, how we would handle road repairs). I assured him we'd keep a slow speed limit going through his place, and since I had a trackhoe and knew how to use it, I told him I'd follow his lead on ideas for improving the culvert near the county road. Like him, I wasn't interested in insisting on an improved blacktop; a two-track gravel driveway was fine with us if it was fine with him, and we'd share any gravel costs between my easement and the roadway. I told him that we intended to have our own well, and while we planned to be off-grid, I did say I'd pursue power access (something that, actually, is done regardless of landowner; the power company can do whatever it wants to get power to a customer). I also told him I'd remove the easement on his well once our own was developed and tested.

We ended the meeting with a handshake, and him agreeing to call me if he had any concerns. I also offered to let him continue to use the bermed shooting range he'd set up on the back property until such time it conflicted with our use. I also offered to give him a heads-up anytime a vehicle other than ours, or unescorted by us, was expected to use the driveway. 

Being as reasonably certain that I had a good agreement with "Jack", I proceeded with the purchase of the property. 

Lo and behold, less than six months later, when I had my first planning commission meeting, Jack showed up. Didn't look me in the eye, but had a lot to say to object to my using the land for anything other than a woodlot. (Note, the land had had a previous approval similar to mine several years before Jack bought his place; however, the couple divorced and no improvements were made.)

One of the planning commission members actually suggested we move the deeded easement to another section of the property (Which would cost me thousands, since I'd also have to cross the creek downstream). Since the recorded easement was specific to the location of the existing driveway and access, my butt was saved there; also, the commissioner was way out of line. 

I had to wait another month as they forced a continuance of the issue. I brought testimony from current neighbors, the seller who arranged the meeting and other data supporting for my case. At that second one, I won. In short, I insisted the county attorney actually show up to school the board members. Another board member, who realized what a jerk Jack was, told my neighbor I would be well within my rights to have his barn torn down, since it actually sat within the 50' width of my roadway rights.

In any case, my neighbor's pride was wounded. He became so hostile and passive-aggressive, leaving junk on our property line and in my access lane, that I decided to sell the property; nobody wants neighbors like that. 

Now...to whom I sold the property is another story entirely. In short...Don't make others suffer for your mistakes. Karma will getcha. 

And...unless I have a sworn, notarized affidavit that the landholders upon whom I have an easement will not impede my land usage in any way, by penalty of death, I will NEVER buy property that has easements upon it, or requires easements to get to it. Except a power easement, if I have some control over how it's handled.


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## Gray Wolf (Jan 25, 2013)

The easement should be for ingress, egress and utility. The easement language should spell out if all utilities have to be underground or not. 

The easement should spell out maintainance and restoration of the easement. Who pays what and some method of dispute resolution.

The easement will be exclusive or non-exclusive and should go into some detail about it. Be sure you fully understand the implications.

Once you have a copy of the easement and a full title report you'll know more. 

Good luck!


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## ChristieAcres (Apr 11, 2009)

Lupine said:


> OK. I've been there. In 2006 I purchased a large wooded lot. A deeded easement for 50' wide roadway (no power easement, though I did have rights to the well) was in place on the 15 acres between my property and the county maintained road. Both parcels had once been a single large lot, subdivided by a parent years before to give ownership to an adult child of the back lot.
> 
> There was a graveled road that went from my property to the neighbor's, but the only way through the neighbor's was via his driveway, which was between his house and barn.
> 
> ...


I feel badly for what you went through and applaud you for sharing this story!

Yes, GET IT IN WRITING!!! It is so important to get written record of any verbal agreements, i.e., put it in writing and get it notarized. At least, you will have evidence if needed.

As for the Easement, contact a Real Estate Attorney for legal advise. It is one thing to interpret, another to discern the legal consequences, and another to to predict an unknown person's behavior.

When we bought our current property, we were fine with our access easements, one on the N and S edges of the property above ours. Despite that, we did speak with a number of neighbors to find out how we would be treated as the new owners. We have been here for eight years without a single issue with those neighbors. Last year, we asked if DH could take down some at-risk trees on their property (leaning over the driveways...potential risks for being blown over). They gave DH permission and told him to keep all the wood. That was enough firewood for half a year!


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## Hoopjohn (Mar 8, 2013)

Access is the #1 issue of concern when considering purchase of a property. This one is fairly simple.
The realtor said there is a recorded easement that stays with the land. Which basically is meaningless. The realtor no doubt is well meaning and has good intentions, but don't take there word on this. 
Visit the Register of Deeds and get a copy of the deed. The easement will be spelled out on the deed. 
There may be an existing road, but not necessarily. If there is an existing road, the deed should spell out how maintenance of the road is dealt with as well as responsibility for the costs. Unless it is spelled out specifically and goes into full detail, consider it a bad omen.

Personally, I would avoid shared access or easement roads like the plague. The potential for future drama is huge. One persons idea of road maintenance could be a 20' width blacktopped road. Another's could be a muddy road only accessable with a mudder truck with zero maintenance ever performed on the road. 

IF you absolutely are in love with the property, even though easement/maintenance is vague, then it may be time to consult a lawyer to clear up all confusion. 

It boils down to this. You want to have control over your access. If its a shared road or it crosses anothers land, your control is diminished.


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## wwubben (Oct 13, 2004)

Have the attorney that is handling this transaction for you take a look at it.Make sure to have an attorney to handle this whole transaction for you.There are many ways you can get skinned, especially when you are from out of state.


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