# The Cost of Easements



## thaiblue12 (Feb 14, 2007)

Ok I was allowed to buy, build and receive a C.O. for my property and house. Problem is I have no stinking access to my property. My neighbor #1 has allowed us to drive through an oil road to get to our house. Which he can cut off at any time. This puts me in the position that when asked for favor and such I run to do them. Put up with alot of nonsense and such. 
Now I can build a $20,000 plus dollar bridge if I had that type of money laying around ( don't I wish!) but there lies another problem. If I go across one way neighbor#1, family and everyone who comes to his house uses it free of charge and he wants it built a certain way that will cost double. If I go the other way neighbor #2 will try to fight it. She knew that the road runs right by her place but does not want people to drive there and blocks it with tractors, cars and etc.
I have been to the county may times and they tell me that technically I have legal access I just need a bridge! (Or maybe some ramps to jump my car across the canal? lol ) Contacted the realtor who sold us this place and they are "innocent" since I do have _legal access_. Plus the guy is now doing time! 
Anyway Neighbor #1 is having easement issues as well and is now trying to buy one from the guy in front. He told me it would cost $30,000. He would then turn around and sell me this easement as well for $30,000. The guy told me that neighbor #1 was actually offering to pay him $20,000. So that sneak would actually be making $10,000 and getting a free easement. I am angry but cannot say a darn thing! :flame: 
Are the cost of easements something you pull out of your rear? Is there a way to find out how much easements actually are going for? I feel trapped and annoyed by this and I am not going to get ripped off.


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## Selena (Jun 25, 2005)

Once you use a route to your property for x amount of time, you usually are allowed to continue using it. Prescriptive easement or something to that effect comes to mind. Time to hire a lawyer - I'm not sure why you keep thinking these neighbors can chose to increase building costs (bridge) or allowed to block legal access. How did the seller get to the property? The lawyer will want to know. What does the deed (legal) to your property and the other 2 properties say? Do you know for sure there is not already a recorded easement?


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## agmantoo (May 23, 2003)

Easements are negotiable! The price is often what the traffic will bear. My cousin just sold an easement to a developer for $300,000. He previously offered to sell the same easement for $5,000 but the developer wanted it for free. This somewhat represents what can happen if someone gets their nose out of joint. Tread lightly until you verify your position.


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## Witterbound (Sep 4, 2007)

Yep, cost is negotiable. The problem is that you don't have any leverage. Your neighbors have you over a barrel. They know its going to cost you a lot to build the bridge, so they think the value of their easement is going to be a tad less than the cost of the bridge. The cost of building the brige or buying an easement should have been a factor in the price you paid for your land. In other words, you land isn't worth as much at the surrounding land, because you don't have good access. If it were me, I'd get some good estimates on the cost of a bridge. Might be able to do it for much less than you think, and then you don't have to worry about your neighbors. I've seen some easements that are just a pain, because the neighbors will put up fences/barriers close to the easement so that it's a pain to use, because they still think of you as somewhat of a "trespasser" on "their" land.


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## Shadow (Jan 11, 2006)

This is only one of the problems that can come up with out clear deeded access to property. If not deeded do not buy. Me personally If the property does not have public road (a road that is maintained by either the county or state) I will not consider buying for any price. Just my opinion


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## clovis (May 13, 2002)

Can you build your own bridge, out of old telephone poles or used I beams?

One used to be able to build their own bridge in our county, but now you need approval and a permit!!!!!

Clove


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## Mike in Ohio (Oct 29, 2002)

Here is a link to an article about Colorado Easement law:

http://www.masterslawfirm.com/Easement1.htm#3-3


You may have the right to an "Easement of Necessity" if the parcels were once held by a single owner or as a single parcel that was sub-divided. Check with an attorney before paying anyone for anything is my recommendation.

Mike


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## Ramblin Wreck (Jun 10, 2005)

Sounds like being between a rock and a hard place. If there is anyway you can spring for it, I'd build the bridge. Not having access that you control to your property/home would the biggest worry for me. Hope you can work something out one way or the other.


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## EDDIE BUCK (Jul 17, 2005)

I cant believe a lawyer could get by drawing up a deed without making you aware that there is no easement.If he did, might be possible to let him purchase your easement. Plus every survey that I have had any dealings with,begins at the center line of the closest state maintained road.


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## ace admirer (Oct 5, 2005)

I agree,,,,what kinda lawyer in their right mind could would have let you purchase land without a clear access.......not to be critical but,,,,,how did you consider purchasing land without considering such a basic requirement?

it puts everything and everyone in a lose-lose position. its gonna be hard to live with you neighbors. musta been a real bargain.


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## bill not in oh (Jul 27, 2004)

clovis said:


> One used to be able to build their own bridge in our county, but now you need approval and a permit!!!!!


And that will necessitate the services of a civil engineer probably $$$....

How long of a bridge are you talking about, and why would neighbor #1 want to use it? Don't they already have access to their property? You could always go ahead and build the bridge and put a self-service toll station on it - $20 for access each way - then they help pay for it....


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## thaiblue12 (Feb 14, 2007)

Well technically there is a "legal easement" on the deed. But it needs a darn bridge. The previous owner used the the ditch/canal road to get here. Used a farm vehicle and those are allowed to drive on it. We are not even though we were led to believe that was our access. The ditch people sure as heck came after us over that one. But like I said the realtor is in jail now so that would be no help going that route. 
The irrigation people will not allow us to build our own bridge. I have to have an engineer draw up the plans, submit it to the ditch company with a fee of $400. They can deny it, make me re-submit it with another $400. 
Neighbor #1 is trying to increase the cost of the bridge by trying to get me to make it far longer than it needs to be. I have told him NO. 
As far as the Prescriptive easement or grandfather, that in this state takes 18 years. 
I know I am between a rock and a hard place. It truly stinks and I wish there was something that says " Easements are $1.00 a foot" Yea right!


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## thaiblue12 (Feb 14, 2007)

Thanks Mike for the link.
Bill the bridge would be about 35 feet long and around 16 feet wide. 
He would want to use it since he has bad neighbor relations with the guy his easement runs through. That guy put up gates and they are taking each other to court. 
This county is really bad about the way land as divided up and who has what easement through where. They are however good at covering their butts. 
I like the toll idea, too bad it would be on the county road, they probably would frown on that or make me give them 75 percent!  
See the road goes so far then it becomes a legal access, so I would actually be extending their own road. I asked them if they would do it and they said that all of us around here would have to agree. We would have to pay for it own our taxes for the next 10 years. Neighbor #1 says that would encourage theives to come to out houses and does not want that either. 
But I can sell my house right off the foundation, turn around and sell the land with foundation and garage as long as it does not have a house on it. Thsi county is truly nuts!


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## donsgal (May 2, 2005)

thaiblue12 said:


> Ok I was allowed to buy, build and receive a C.O. for my property and house. Problem is I have no stinking access to my property. My neighbor #1 has allowed us to drive through an oil road to get to our house. Which he can cut off at any time. This puts me in the position that when asked for favor and such I run to do them. Put up with alot of nonsense and such.
> Now I can build a $20,000 plus dollar bridge if I had that type of money laying around ( don't I wish!) but there lies another problem. If I go across one way neighbor#1, family and everyone who comes to his house uses it free of charge and he wants it built a certain way that will cost double. If I go the other way neighbor #2 will try to fight it. She knew that the road runs right by her place but does not want people to drive there and blocks it with tractors, cars and etc.
> I have been to the county may times and they tell me that technically I have legal access I just need a bridge! (Or maybe some ramps to jump my car across the canal? lol ) Contacted the realtor who sold us this place and they are "innocent" since I do have _legal access_. Plus the guy is now doing time!
> Anyway Neighbor #1 is having easement issues as well and is now trying to buy one from the guy in front. He told me it would cost $30,000. He would then turn around and sell me this easement as well for $30,000. The guy told me that neighbor #1 was actually offering to pay him $20,000. So that sneak would actually be making $10,000 and getting a free easement. I am angry but cannot say a darn thing! :flame:
> Are the cost of easements something you pull out of your rear? Is there a way to find out how much easements actually are going for? I feel trapped and annoyed by this and I am not going to get ripped off.


An easment will cost whatever you agree upon. They can ask $50,0000 if they want to. :nono: If there is no other access to your property and if you cannot come to an agreement about a price then you can go to court and ask the judge to grant you an "easement of necessity", and the judge will decide what a fair and equitable compensation would be. Of course, you would have to go to an attorney to get this done (one specializing in real estate if you can find one close by). Even paying $2,500 to an attorney will be a bargain if you can get reasonable access to your property.

Bonus is that if the land owner turns out to be a putz about it and refuses you access, if you have a court ordered "easment of necessity" you can haul his patootie back into court and he can be fined for contempt if he has not allowed you to use the easment. It's nice to know you have the power of the court behind you on that one.

donsgal


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## Shirley (May 27, 2007)

thaiblue12 said:


> I have been to the county may times and they tell me that technically I have legal access I just need a bridge!


Get a real estate attorney quick, you are land locked, the county won't help you and you are at the mercy of your neighbors' greediness!


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## Hoop (Jan 1, 2003)

The cost of easements are "what the traffic will bear". Utility companies and other public venues using eminent domain, have to pay next to nothing for easements.

Yours is indeed a thorny issue. Some courts side with the landlocked individuals. Others figure if you knowingly (its your responsibility to check things out prior to purchase) bought a landlocked piece of property, they aren't going to intervene and "reward" you with an easement. 

I don't know the specifics of the whole thing (value of land, value of house, if neighbor is willing to kick in on costs of building the bridge, etc) but I'm inclined to think you're going to have to bite the bullet and build the bridge. Legal fees on an issue like this can easily EXCEED $20,000, with no guarantee of favorable results. Fact is, once the legal wrangling begins, expect a gate to go up, completely denying you access until the issue is settled.


The one neighbor that wants you to build a super deluxe bridge is whistling in the wind. Unless they are willing to foot 50% of the construction/engineering/permit costs (as in having a signed agreement in hand before ANYTHING gets started), tell them to take a hike. 

You're between a rock & a hard place. Your options are limited and costly.


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## Mike in Ohio (Oct 29, 2002)

thaiblue12 said:


> Thanks Mike for the link.
> Bill the bridge would be about 35 feet long and around 16 feet wide.


Why does the bridge need to be so wide? One idea would be to get a flatbed trailer and cut off the axle mounts, etc. You can easily get the length you need and enough width that you could take cars, pickups and small trucks across. You would probably need to put some money into footers. Just a thought.

As far as it taking 18 years to get through the courts on an easement of necessity, it cuts both ways. You could always get a lien on their property which would cloud the title and prevent sale or transfer. I'm not a big advocate of going the legal route but it can somtimes be useful.

Good luck

Mike


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## agmantoo (May 23, 2003)

I built this bridge initially in 1995 and used treated wood for the decking. I replaced the treated wood with used steel I beams in 2006. It cost $10,000 to build the foundation and to install the structural steel and the wood decking. I incurred $1600 in anchoring the foundation to bedrock because this creek floods big time and I did not want he bridge washed away. The bridge is 12 feet wide and I think 38 feet long. Recycled steel was used throughout. I had an engineer to calculate the safe load carrying capacity and it came to over 200,000 lbs with a safety factor of 4. The second picture is the welder and the new decking. I incurred more expense than I should have for the upgrade.


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## texican (Oct 4, 2003)

I wouldn't care what 2nd neighbor thought... If I had the easement, I'd use it. Kindly ask her if she wants to lose her parked vehicles when the bulldozer comes through.

I've got some easements on my place that I dislike with a passion.... but there's diddly I can legally do.

Or you can build a public bridge.

The price is whatever the market will bear. I sold a two week easement to an oil company a while back for 10K! For two weeks. Plus they spent ~10K putting gravel on the road.


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## ArmyDoc (May 13, 2007)

thaiblue12 said:


> Neighbor #1 is trying to increase the cost of the bridge by trying to get me to make it far longer than it needs to be. I have told him NO.


Instead of telling him no, see if he's willing to pay for half the bridge. If it costs $20,000 for the bridge the way you want and $30,000 for a bridge the way he wants, then build it the way he wants and split the cost. You save $15,000. At the very least, he could pay the difference, and you would have permission to get the bridge. What every you do, get it in writing before you start to build.

I would suggest a simple contract, stating that you will pay so much and he will pay so much. Any costs beyond that amount you both splitt and any savings you will both split. Have a lawyer look at it. They'll charge you a hundred bucks or so, and potentially save you thousands.


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## Hillbillybob (Jul 30, 2007)

donsgal said:


> An easment will cost whatever you agree upon. They can ask $50,0000 if they want to. :nono: If there is no other access to your property and if you cannot come to an agreement about a price then you can go to court and ask the judge to grant you an "easement of necessity", and the judge will decide what a fair and equitable compensation would be. Of course, you would have to go to an attorney to get this done (one specializing in real estate if you can find one close by). Even paying $2,500 to an attorney will be a bargain if you can get reasonable access to your property.
> 
> Bonus is that if the land owner turns out to be a putz about it and refuses you access, if you have a court ordered "easment of necessity" you can haul his patootie back into court and he can be fined for contempt if he has not allowed you to use the easment. It's nice to know you have the power of the court behind you on that one.
> 
> donsgal


Here in Missouri if the man hast to build a bridge to cross a creek , revene or other inconvenience and can and is considered the easement you can't take your neighbors to court to get an easier access to the property. I know of 80 acres that has no easement to it at all but because there is 4 different properties that the man could cross he can't sue anyone to get an easement. He would haft to sue all 4 peoperty owners to court and let a judge decide who and where to cross. It would cost more than the 80 acres is worth with an easement. You just can't always get an easement through court. I know a lot of people believe that but it just doesn't always work that way.
Hillbillybob


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## fantasymaker (Aug 28, 2005)

Hillbillybob whats that ground worth normally? and whats it worth now?


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## Hillbillybob (Jul 30, 2007)

fantasymaker said:


> Hillbillybob whats that ground worth normally? and whats it worth now?


Ground has went up around here. Now you would expect to pay with easement and everything right 1500 dollars an acre. I think the 80 can be bought for around 1000 an acre. If you can't get someone to sell you an easement and you would haft to go to court look at paying a lawyer for about 4 to 5 years before you ever get in front of a judge. You will haft to sue all 4 property owners, all long time residents and have been down the road before.
I don't see any winners here. I know the 80 changed hands several times to no profit.
I don't know how you would get in there if you bought it.
I know one owner went to jail for trespassing.
Hillbillybob


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## auctioneer (Sep 11, 2006)

thaiblue12 said:


> I have been to the county may times and they tell me that technically I have legal access I just need a bridge!.



Black and White. Either you do, or you don't. If you borrowed money to build your home the bank is *sure* you have deeded access if they have any sense at all. A landlocked house wouldn't be worth much to foreclose on should that be necessary. Banks tend to look after their stockholders first. Always. Maybe you didn't have to use bank services. :shrug: 



thaiblue12 said:


> since I do have _legal access_.
> 
> So you evidently do.
> 
> ...


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## fantasymaker (Aug 28, 2005)

Hillbillybob if its all that bad seems the $1000 is way over priced! is the ground good for anything?


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## Ramblin Wreck (Jun 10, 2005)

agmantoo said:


> I built this bridge initially in 1995 and used treated wood for the decking. I replaced the treated wood with used steel I beams in 2006. It cost $10,000 to build the foundation and to install the structural steel and the wood decking. I incurred $1600 in anchoring the foundation to bedrock because this creek floods big time and I did not want he bridge washed away. The bridge is 12 feet wide and I think 38 feet long. Recycled steel was used throughout. I had an engineer to calculate the safe load carrying capacity and it came to over 200,000 lbs with a safety factor of 4. The second picture is the welder and the new decking. I incurred more expense than I should have for the upgrade.


Neat bridge. My brother is building one similar to that with re-claimed steel I'Beams. He'll have less money in his, but more sweat equity. Although he put a pretty good foundation under it, he didn't go into bedrock. It'll be interesting to see how it holds the weight.


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## EDDIE BUCK (Jul 17, 2005)

You may have one other option. If that ditch is draining the states highway excess water, they used to around here at least, keep the ditch cleaned and also help folks by putting in tiles at crossings, but it does have to drain highway. Check with state highway dept.


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## hoofinitnorth (Oct 18, 2006)

Can you put in a culvert and fill a drive over the canal? That might be more affordable than either a bridge or an easement. MIGHT be. 

On the issue of legal access - I doubt you have any legal standing with your neighbors or seller or agents - you have legal access you just need to improve it and the price likely reflected that.

The best thing to ask your attorney would relate to police & fire protection without legal IMPROVED access to the property. If the County can't provide services for which you pay taxes they may be willing to install such access BUT they will do it their way, where they want, and THEN probably assess you for it. Then if you don't/can't pay in a year or so, they may foreclose!


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## thaiblue12 (Feb 14, 2007)

It needs to be wide enough to support and allow the larges fire truck the town has to get across. I really thought I was told 16 feet but it coud be 12 feet. 
Hey Agman can ya come by my house and put in a nice bridge here too  
Hoofinitnorth by culvert do you mean like a large concrete circle that allows the water to pass through? If so we have already been told no :grump: The ditch company are sticklers and they want what they want but the rest of us have to pay for it. 
Auctioneer I do not want to take anyway anyones land or deny them their property. I want to be able to get to and from my house without fear, favors and etc. If I had to sell my house tomorrow I cannot. The man told me to my face that HE was going to be charged $30,000 for that easement and I would have to split the legal fees. But in reality he was going to pay $20,000. That was a bold faced lie. I have been honest and up front to him and yet he lies to my face. I cannot say or do a darn thing, why? Because I need to get to my house. When he makes lewd comments to me I tell him to knock it off but I cannot knock him out because I still need to get to my house. For years I have put up with that nastiness to keep peace. I just want to affordable get to and from my house and be as neighborly as I feel like, not as I am forced to be. 
The county can say I have "legal acess" to cover their butts but they have really done a number out here with how they have allowed the land to be spilt up. That coupled with the jailbird realtor led us to believe that we really did have access. 
Armydoc he wants the bridge that way but he will not pay for even a third of it. That is why I flat out refused to even consider it. 
I guess i have to keep at the county, my only other option I guess would be powerball.. LOL :baby04:


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## Hillbillybob (Jul 30, 2007)

fantasymaker said:


> Hillbillybob if its all that bad seems the $1000 is way over priced! is the ground good for anything?


Just the uncut timber that I know of.
Hillbillybob


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## foxtrapper (Dec 23, 2003)

I'd also suggest talking to a real estate lawyer, as well as the bank that financed you, and a few of the others involved in the transaction. You cannot be denied access to your land, and I'd lay even money you've got easement rights you don't really understand.

Don't go giving a neighbor money for rights you already have. Not that I'd go charging across his or her fields willy nilly just yet. Talk to the real estate lawyer and learn. Then go driving across the designated area(s).

Not that a bridge doesn't have its own appeal. They make access control very secure. I certainly wouldn't mind living behind a bridge myself. Tresspassing and criminal activity really drops with a moat.


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## GingerN (Apr 24, 2007)

thaiblue12 said:


> It needs to be wide enough to support and allow the larges fire truck the town has to get across. I really thought I was told 16 feet but it coud be 12 feet.
> Hey Agman can ya come by my house and put in a nice bridge here too
> Hoofinitnorth by culvert do you mean like a large concrete circle that allows the water to pass through? If so we have already been told no :grump: The ditch company are sticklers and they want what they want but the rest of us have to pay for it.
> Auctioneer I do not want to take anyway anyones land or deny them their property. I want to be able to get to and from my house without fear, favors and etc. If I had to sell my house tomorrow I cannot. The man told me to my face that HE was going to be charged $30,000 for that easement and I would have to split the legal fees. But in reality he was going to pay $20,000. That was a bold faced lie. I have been honest and up front to him and yet he lies to my face. I cannot say or do a darn thing, why? Because I need to get to my house. When he makes lewd comments to me I tell him to knock it off but I cannot knock him out because I still need to get to my house. For years I have put up with that nastiness to keep peace. I just want to affordable get to and from my house and be as neighborly as I feel like, not as I am forced to be.
> ...



I am confused. When you say the ditch people are you talking about the dept of transportation? Also if the access you have to your property requires a bridge what does neighbor #1 have to do with the bridge? I thought that if you built the bridge you would not have any need to use his land. I am sorry that you have these troubles.


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## Wolf mom (Mar 8, 2005)

Let's keep this simple.

1. You state you DO have legal access to your land. If you have deeded legal access it will be on county maps. Therefore NO ONE can keep you from using it legally. I agree, I don't think you are understanding your access rights. 

2. It appears to me your basic issue is with the ditch company requiring a certain type of bridge. I'd check into the legality of that with ONLY a real estate atty. after I'd tried other resources.

3. Cement & metal culverts are used around here a lot with fire engines crossing over them easily. Weight is the issue. Although I don't understand why the county & the ditch company have in common - collusion?

4. You state other people would use your bridge. Why? do they have the same deeded access to their properties that you have? How are they now getting to their places? If it is a road or trail, if a vehicle can get over it, someone will. Just part of living in the country. If the bridge is on your land, only then will you have full control over who uses it.

I really think you need to sit down & focus on the main issue and proceed from there.


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## fantasymaker (Aug 28, 2005)

Yep you need to draw us a picture!
Im thinking that you have a public easement (road) to your place but then a private easment further?And the county wont build the bridge that would be on the road? But they will if you pay? then its open to all? And the ditch company (irragation water company?) ditch is either just before or just inside your property?


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## fantasymaker (Aug 28, 2005)

Why not by a farm vehical like the last guy used?


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## RockyGlen (Jan 19, 2007)

You DO have legal access......you just can't use it without some modifications. Because you DO have legal access, you can not claim that you need an easement and force them to sell or give you one.

Things are different here in the West. Not too far from us there was a guy that could not leave his house for years. He had no legal access and the people whose place he drove through would not give him access. It went to court and he lost, but the court did not order him evicted and also stated that the neighboring owners could not unlawfully imprison him - but once he left, they could deny him access to get back in. Meaning he would not be able to get back into his home even to get his stuff or care for his livestock. He stayed in his home for years with people delivering him food and feed....until his last appeal failed. Then he had friends bring in trucks and livestock. His property is still there and cannot be sold until it has a legal easement.

Classic case of buyer beware. Have you checked into funding for a bridge? Sometimes there are government programs for things like that.


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## painterswife (Jun 7, 2004)

"He told me it would cost $30,000. He would then turn around and sell me this easement as well for $30,000. The guy told me that neighbor #1 was actually offering to pay him $20,000. So that sneak would actually be making $10,000 and getting a free easement. I am angry but cannot say a darn thing!"

I don't think he can sell the easement to you. The easement would have to be written to include your property. The owner of the property across that the easement would be across would have to agree.

My neighbors have an easement across my property for access. I would never in a million years let them sell or allow someone else to use that easement.


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## thaiblue12 (Feb 14, 2007)

Ok I shall draw a better picture. On one side of me there is a neighbor whose property runs nearly the lengt of mine. The other bit abutts Neighbor #1. Then I am surrounded by an irrigation canal. 
My legal access is a county road that stops about a 1/2 from my home. Technically it keeps going ut the canal is in the way...so a bridge is needed. I have been getting in and out the same way neighbor #1 and all his family have, by way of an oil road. Neither of us have legal access that way. His legal access is in the opposie direction and he and that guy are fighting through court about that access and the gates he put up. This really should be neighbor #1's access even before the gates yet he chooses not to use it. This is why if I built a bridge he and the rest would be using it. Also since it is a county road anyone can use it and I would really have nothing to say about it. 
The county has a say about the bridge since it would run on the "road" and the ditch company has a say since it would run over there water way. They refuse culverts and are sticking to it. We had a chance to get a metal one which would have been stronger than concrete and still they refused.
I am trying to be clear, but it is a confusing situation. Maybe pictures would help. I will try to take some a bit later. Got to get kids from school.


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## painterswife (Jun 7, 2004)

If I am understanding your post, you either cross the canal directly to your property or you must cross two others property to get to your property.

If you do not want to build the bridge, you will need to get easements across two properties. 

Is this correct?

If you build the bridge, will it go directly from the county road to your property? Or does it connect to an easment that crosses someones property before touching yours? If it goes to an easement do others also have the legal right to that easement?


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## Farmerwilly2 (Oct 14, 2006)

Take pictures and/or let someone else take a stab at describing what you have/need/want. I've reread this thread twice and still don't understand all of it.


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## thaiblue12 (Feb 14, 2007)

Ok drew it since it the pictures would make it more confusing. 







[/IMG]

The question mark is because that little triangle does not exist. No clue how I ended up with it. The purple oil road is how I get to my home now. The grey "legal access" is what I need to use. But in both places I can use it the canal cuts through it. The legal access does connect to the road about half a mile or so away. The little brown road in the right hand corner is the easement for neighbor #1 as well as the other neighbor. They are having a peeing contest over it and throwing up gates. 
The For Sale property is who Neighbor #1 is trying to have sell us an easement. So yes painterswife I would have to go through the edge of both their properties to get to mine. I really thought an attorney told me that was not an option. But neighbor #1's says sure ya can after you pay $30,000.


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## agmantoo (May 23, 2003)

Can an easement parallel to the canal and to the right of the canal across "estate empty" and the land between Oil Rd and "Legal Access rd" be obtained? This would give you a private drive to the main rd since you own ( ? ) and this would allow you to access all the property you own.


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## Wolf mom (Mar 8, 2005)

If you have legal deeded access over someone elses property they may own the land, but you have the legal right to use what, maybe 30 to 100 ft. width of access. They do have the right to put up a gate, but it is illegal to lock it (lock you out) or lock out fire/police/ambulance vehicles.

Been there, done that - "crazy lady" down the road put up a "grudge gate" that now stands open after being taken to court....

Although agmantoo's suggestion is a good option, it may cost you PLUS you'd still have to build a bridge. 

It appears to me that you don't want to build a bridge because others will use it. I'd try to mend feelings with the neighbors who would use the bridge, get all the costs yourself & then see if they'd help pay for it. 

OR 

if the cost of buying an easement from the property that is for sale is cheaper than the cost of the bridge, maybe that's the way to go. 

Maybe you can trade your legal access across the for sale property portion for legal access on the oil road...That would be of benefit to the for sale property as his property wouldn't be cut up as much and he could better utilize it..

Do your homework, deal direct with the owner of the for sale property. Ignore the pettieness of your neighbors. I'd try for a legal access trade over the for sale property. Give him the benefits of the trade. 

Good luck!


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## daytrader (May 8, 2005)

thaiblue12 said:


> Ok I was allowed to buy, build and receive a C.O. for my property and house. Problem is I have no stinking access to my property. My neighbor #1 has allowed us to drive through an oil road to get to our house. Which he can cut off at any time. This puts me in the position that when asked for favor and such I run to do them. Put up with alot of nonsense and such.
> Contacted the realtor who sold us this place and they are "innocent" since I do have _legal access_. Plus the guy is now doing time!
> QUOTE]
> 
> ...


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## daytrader (May 8, 2005)

agmantoo said:


> Can an easement parallel to the canal and to the right of the canal across "estate empty" and the land between Oil Rd and "Legal Access rd" be obtained? This would give you a private drive to the main rd since you own ( ? ) and this would allow you to access all the property you own.


 A canal in my area is a public water way. THIS IS NOT THE SAME IN ALL AREAS. Some areas may call it a natural water way. In this case you can not effect it in any way. Get a lawyer.

There is a site called www.askalawyer.com 

I would post your problem over there and see what ya get.


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## daytrader (May 8, 2005)

If price is a matter for getting a local real estate lawer to help you out. Go talk to one. They can work per job or per hour. 

You can help your self and same a ton of money by doing simple document stuff for them. THIS IS VERY NORMAL.

They will need documents from the county. You go pick them up and bring them to them. This will save you money. They will tell you what they need. Were to get it and give you any documents you need to obtain them. I HAVE NOT FOUND ONE YET. That would not work this way. Many times its not a problem as it is your land you are trying to work a deal on. So your neibors records are available.

The most I have ever in My AREA had to pay (not all areas are the same) spent was for a very hard to figure out land deal. Was 1800 bucks. Took almost a month to get it done. Because of paper work.

I paid by the hour. I or my mother did the leg work if we could. Some things we could not. Do not figure just because title insurance was obtained everything is ok. IT IN MANY CASES IS NOT!.

This land had always been sold on a hand shake in the early years. Took a long time to get the paper work needed to get it deded right. Not just a deed. A good and right deed.

I think I got a steal. No one else wanted to do the law work it took to get this deal done. I picked up a nice 150k deal for $12,500 (started at 30k but dealt down for the lawers to work so hard) including the lawyer and documentation fees. 3 Level and tillable acres, machine shed and 3 bed room house on a unfinished basement.

These poor folks just wanted to sell, but it had to be sellable. It was not. We had to work that out. Got it free and clear with no existing easments. There is a clause and pricing for any future easments. As well as any past ownership.

I can find no reason why you should not seek out a good real estate lawyer in your area to give you a hand.


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## daytrader (May 8, 2005)

I do not know if this would help you or not. It at least provides case law in Colorado.

http://www.masterslawfirm.com/Easement1.htm


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## painterswife (Jun 7, 2004)

From your diagram, You would have to buy two easements. You would have to buy from both owners.

Your next move is two see who has legal right to use the easement(with bridge) that you have.

The others may have no legal right to it and if you built a bridge you could gate it. Of course this would also depend on who owns the property that your easement is across. They would have the right to use it.

Realisticlly, the owner of the property for sale would be shooting himself in the foot by selling an easment on the proprerty. Neigbor #1 does not have any right to let you use an easement he bought and is trying to pull one over on you.

In the long run your best option is to convince Neighbor # 1 to go in on a bridge with you( if he has legal use to the same easement)

Jill

I am not a lawyer. I own and live on property that uses eaement to get to it and has easments across it. I have researched the court cases in regards to easements.


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## MarleneS (Aug 21, 2003)

I'm curious, relative to the price you paid for your irrigation and neigbor's land locked piece of property, how much is it going to cost you to have permanent access to your property? 

Since you are already legally tied to your property, that would be my deciding factor. If it looks like the access will cost more the property, wouldn't it make more sense to admit your mistake and cut your losses then paying more for the access then either are marketably worth? Best case might be to have one of your bordering neighbors make you an offer for you land.

Marlene


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## texican (Oct 4, 2003)

Several things to think about... (I've done my land law research in Texas, don't know if the same rules apply in every other state!)

From the size and configuration of this 'subdivision', it looks like this parcel may have originally been all tied together and owned by the same person. IF it was owned by one person, and then subdivided, each subdivided parcel would have legal access via the most common route.

The oil road, is it owned? by an individual, or is that common or public? Some deeds around here still include acreage taken in by county and state highways... so that a person technically owns the land, although the state controls it.

You say you own the "?" land? Does it have a right of way along the good road? If so, I think you're r.o.w. starts before the other two neighbors. I'd doublecheck with the tax office/county appraisal and verify that I owned that land. If so, is that oil road on that property? If so, I'd be charging the other two neighbors for access....... and then maybe they'll all sign agreements letting each other travel freely on the road.

I see the other tract is for sale. Does the preferred (present access route) road exist on this property? If someone bought it, would they gain access of the road? How much is that lot? Could be worth buying it, just to get legal access to your back lot....... I bought 100 acres up the road from my place about ten years ago, just so that I could gain legal access to my old home place. You could buy that lot, grant yourself easements to your back lot, make the other two neighbors pay 15K each, then sell the place to someone else.

Painterswife said "My neighbors have an easement across my property for access. I would never in a million years let them sell or allow someone else to use that easement." If you've granted an easement, it's transferable to any and all heirs and assignees, in perpetuity. That is, if you've granted a legal easment. Only uneducated folks, who don't go through lawyers or real estate agents, will accept restrictive easements. One of my neighbors has been fueding with another neighbor for decades over an easement.... one neighbor offered the other a lifetime easement to the owners, gratis, the other neighbor wouldn't accept, as the bank said it was worthless.... bank required permanent, transferable easement, before they'd allow anyone to build on it... they wouldn't risk losing access to their mortgaged investment.

If a person grants an easement, they receivers can put in a trailer park, or sell off mini parcels, and every yahoo gets easement rights.

Soooooo, my advice would be, 

....check on that ? land and see if road touches property, and voila, you've got ownership of the road before your neighbors... problem solved.

....check on price of lot for sale, may be worth purchasing, owning, granting and selling easements, then sell the land to someone else.

BTW... where are you located in CO, and how much do they want for the parcel in question?

good luck


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## thaiblue12 (Feb 14, 2007)

Agman I cannot drive near the canal, they made that one perfectly clear. Even threatened me with the State Police. 
Daytrader I have sent my message to the link you sent me, thanks. 
Texican yes it was all at one time owned by the same person. This I found from my many trips to the county and looking through records. They recorded no access that I could find. 
Yup the oil road is owned by the For Sale/Empty lot as well a neighbor #1. The oil company has an easement through there. It is that easement that neighbor #1 is trying to buy. He is trying to buy the empty lot as well. No I cannot buy it I cannot afford it. It is also what they called a dry lot and has no water rights and was allowed one well for the entire thing. I do not own "?" that piece of land does not exist. It some how ended up there during me drawing this up. 
I pay nothing for irrigation, my property has no water rights but I do have a full use well. 
My neighbr will not lay out a single dime for the bridge. This was spoken about many times and he refuses. The bridge would run on the county's road so anyone could use it and I have no right to stop them, plus I would have to be the one to maintain it. In addition the other neighbor would like the bidge as well so he can subdivide his property and have two exits as per the county. He also refuses to pay a dime but wants to use it as well as anyone who buys his parcels. 
A true mess and clearly the cost of easements as whatever they feel they want or can get away with. :grump:


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## painterswife (Jun 7, 2004)

"Painterswife said "My neighbors have an easement across my property for access. I would never in a million years let them sell or allow someone else to use that easement." If you've granted an easement, it's transferable to any and all heirs and assignees, in perpetuity. That is, if you've granted a legal easment. Only uneducated folks, who don't go through lawyers or real estate agents, will accept restrictive easements. One of my neighbors has been fueding with another neighbor for decades over an easement.... one neighbor offered the other a lifetime easement to the owners, gratis, the other neighbor wouldn't accept, as the bank said it was worthless.... bank required permanent, transferable easement, before they'd allow anyone to build on it... they wouldn't risk losing access to their mortgaged investment."

A properly drafted, and recorded easement is tied to and granted to only certain properties. That means only the owners( and their guests) of a piece of property with the easement can use it. They can sell the property and the easement goes with it. It does not allow them to sell use of the easement to their neighbors or the property down the road from them.


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## texican (Oct 4, 2003)

thaiblue12 said:


> ...it was all at one time owned by the same person. This I found from my many trips to the county and looking through records. They recorded no access that I could find.


In Texas, the fact of the land all being owned by one person in the past is all that is necessary for easements to be granted..... no written records of easements are necessary. I'd go to the courthouse and look through the law books, or, condense my words down to a sentence, call a land attorney and ask "If a property were owned by one person, then subdivided, would all subdivided properties on said parcel have r.o.w.'s?" CO may be different.

I spent half a day in the law library finding out all the facts over easements. I now own my own law library (although it's easier now to go online).


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## redwall (Mar 10, 2007)

hum you can cross the irrigation canal just have to do it at the legal road for you not any were else!! if they complain just asking them when they are going to build the bridge they are suposed to build. they built a canal thay have to build a way to cross it. just whip out the property map you got from the county ou have one right? otherwise the oil road is proberly public. does it have a sign saying oil etc a gate?


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## quietstar (Dec 11, 2002)

Hey Tblue 12, Tell the truth for the benefit of all, didn't you truly believe you were getting a good deal when you bought it? You seem to blame just about everyone in the state for your fix when it is clear you simply failed to do due dilligence before buying. Time to man up and accept the cost of your education...Glen


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## painterswife (Jun 7, 2004)

quietstar said:


> Hey Tblue 12, Tell the truth for the benefit of all, didn't you truly believe you were getting a good deal when you bought it? You seem to blame just about everyone in the state for your fix when it is clear you simply failed to do due dilligence before buying. Time to man up and accept the cost of your education...Glen


Or maybe they made an honest mistake and thought they had asked the right questions.

We are not all perfect and get it right the first time.


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## Mike in Ohio (Oct 29, 2002)

thaiblue12,

Any chance you can provide the legal description of the easement?

Mike


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## thaiblue12 (Feb 14, 2007)

Well quietstar I do not think I have been blaming _everyone in the state _ nor have I lied. In this area the county does not care about you, your easement issues and etc. If a house can be built here and they can get you to pay taxes then so be it. I am not alone with this type of problem. Others need bridges, neighbors to grant easements and so on. Who is everyone in the state that I am blaming? The county allowed it so that annoys me and the realtor lied, that is about all the people I feel annoyance to. 
Thanks painterswife, I did think I asked the right questions. Just like I asked how much it would cost to bring electricity to the property and the realtor said " Oh the estimate the owners got was $3,000" Come to find out later it would cost $11,000 and the realtor and the owners knew it. 
So sometimes asking is not enough and I have learned that the hard way. Next time I will not buy a piece of land this far off a road and I will get an attorney. Oh wait I am stuck here for a loooong loooong time. lol 

Mike I will try to sift through all my house papework and get you that description.


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## painterswife (Jun 7, 2004)

One thing to check is how long the "oil road" you are using has been used to access the property.

The following http://www.houselist.com/forms/que/easement.htm says that if that road has been in use to access that property for 18 years( Colorado Law) you have a legal right to use it.

I know it is a long shot but worth looking at.

Jill


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## RichieC (Aug 29, 2007)

This is a complicated question, and you need a lawyer. Really, you need one. This is going to depend a lot on the details of the various land transactions (including the initial subdivision) and CO law. You will not be able to do it yourself, or with advice from an internet forum based on the law of other states. As it happens, I am a lawyer. But I don't do real estate and am not in CO, so I'm not just trying to get you to hire a lawyer in hopes of getting work out of it.

As for the neighbor negotiating an easement. Have you considered the possibility that the $30K is what he believes it will take to actually get the easement, and the $20K is the first offer in what he expects to be an extended negotiation?


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## Witterbound (Sep 4, 2007)

Who built the canal? Was it built after your legal access was given that way?? If so, seems like the dude who built the canal should build you a bridge on his nickle. I don't see how you could build a bridge over the canal, as you don't own that land. Do I recall you legal access is through a county road? If so, the county ought to build the dag gum bridge. Go find a good lawyer to sort this out.


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