Grant an easement or not?

[Kickapoo]

We've been asked for an easement across a corner of our property by a potential buyer of the difficult-to-access property next door. Should we do it? If we granted an easement to our friends could we later deny it to the next owner if they decided to move? Would they potentially have a problem if we moved?

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[Mike in Ohio]

I would recommend against granting an easement. You are simply creating yourself future trouble. I would politely turn down any easement requests with a "it doesn't suit our purposes" and leave it at that. Anyone looking at the adjacent parcel has no claim on you. If difficult access is an issue then they should offer a lower price to the current owner to cover the cost of creating better access.

Why would someones purchase of an adjacent parcel (knowing the access) creat any sense that you have an obligation to help them access their property across your land?

My best recommendation would be for you to buy the 20 acres yourself.

As usual, just my 2 cents.

Mike

[Kickapoo]

Thanks, Mike. That makes lots of sense. I guess where it gets complicated for me is that our friends, whom we'd love to have next to us want to buy it. That's why I threw it out here so I could get some more objective opinions. It's harder to think clearly when you throw friendship into the mix (at least for me).

[SteveD(TX)]

Only you can decide whether or not you are willing to make that sacrifice. Remember, recorded easements go with the land and your future neighbors might not be as friendly. Also remember, that a roadway or driveway easement will add value to their land. Easements are most typically sold, rather than given. You might want to consult an appraiser familiar with easements, eminent domain, etc., about the impact on the value of their land as well as yours.

[fordy]

..................A big emphatic NO!!! Once you grant ingress\egress you will never beable to reverse course without considerable legal expense , IF at all . If a buyer wants to purchase let THEM figureout how to get into IT . That is not your problem . An easement on Your property might very well affect the sale of your property subsequent to your granting of that easement . fordy...

[indypartridge]

My home can only be reached via an easement across some fields and thru the woods. From that perspective, my recommendation is NOT to grant the easement. Granting the easement is essentially giving up some of your land to benefit of the SELLER of the 20 acres, i.e., his land is worth more if there is convenient access. Mike in Ohio is right, your friends should go to the seller and offer considerably less to cover the cost of creating an access point.

[DownHome]

I'm with indypartridge.

[citilivin]

As with any easement there can be restrictions and limitations. You can grant an easement for a specific period of time. What is the easement worth to them? You can also limit the easement for this ownership only. There is no law that states the easement must be transferred as long as this is stated in the easement. My point is you have a lot of control. Compensation is also a key point. If you have an idea what the 20 acres would be worth with adequate legal access versus what it is being sold for, the difference is what the easement is worth. Additionally if the property is in a high demand area your compensation could be over the fair market value. If you really want your friends to buy the property wait until after the sale to grant an easement. This way they get the property at a discount. Again, you could grant the easement only for the time period your friends own the property. This may hurt future sales, but at least you control the easement.

[Kickapoo]

Thank you everyone, your arguments are persuasive. I'm glad I asked.

[texican]

It's amazing what they can do with explosives, bulldozers, and trackhoes these days. If someone wants to buy it, have on hand the phone number of a good excavating company, and tell them to give em a call.

If you're in the position of granting or not granting an easement, think carefully... friends and even relatives have been known to change, or even sell out, or worse, subdivide into nightmareville...

I did grant a temporary easement three years ago to an oil company, for a period of 60 days, for 7$/foot, and 2000' of ROW. I would have charged more and extracted a lot more concessions if the easement/row had been permanent. I would never grant an easement to an individual, as once granted, always granted, and it's just an invitation to trouble in the future. I have some bad neighbors on one side that 'scrooched the pooch' when they did some bad things to another neighbor, and now, they find theirselves in a position where they will NEVER be able to hook onto the electric grid, telephone, water, gas, etc... nada, as he (good neighbor) and I both would have to agree to grant easements, and neither of us want the 'bad' neighbor getting a foothold down next to us. And the bad neighbor hasn't got a clue about living off the grid, thank goodness!!!

[agmantoo]

I would not do it. Recently I tried to pay for a temporary easement and was told no. I was trying to access 40 acres that I bought that had zero road frontage. Long story short, it cost me $50,000 to own access. Does that put in prespective the value of your corner?

[flannelberry]

In no way would I be willing to grant or sell an easement on our land - well... for the right price I'd sell it but it'd be enough that I could buy up all of the land around me. I'm not in the same situation as you, we have heavily forested land and any easement would require considerable damage to our land.

In your case, where there is a road essentially in, I may be willing to consider a temporary easement to allow the seller or buyer to make a better access point on their own land. I agree with the others, it essentially shrinks your land and could provide a source of conflict in the future.

Also, a word to the wise - strangers make better neighbours than friends. They can become friends after but I would never, ever move next door to already established friends again.

[Big Dave]

I bought a plot of land here in Arkansas. What was not disclosed is that there was what was called a perspective easement. That means people that have been using a path for more that eight years have a right to keep using that path with no obstuctions. I got sued over this and lost. Even though my drive way is running ten feet paralell to the public road the court ruled I had no right to stop people from using my drive to pull off the public road to slowly pull onto the private road. 1/4 acre I am paying for I will never get to use. By the way it never showed on the description or any where till the suit was drawn forth. If you do not have to give it up close it off and do not say any thing to any one!!!

[QBVII]

No, no, no........don't do it.

[JAK]

Part of the value of your current property is that that 20 acres behind you is difficult to develop because it is hard to get to. Do not feel obligated in any way. That is part of the value of your current property. Do not give it away. If it makes you feel any better, think of all the wee field mice you are protecting.

You might be able to lease an easement, but I think it would be safest to buy the 20 acres yourself as others have suggested, and then maybe lease the 20 acres with the easement. In England 100 year leases are more common than outright ownership. Hey, maybe you could start a hamlet or shire and give yourself a title. The duke and duchess of kickapoo 'sconsin.

[SteveD(TX)]

Originally Posted by Big Dave

I bought a plot of land here in Arkansas. What was not disclosed is that there was what was called a perspective easement. That means people that have been using a path for more that eight years have a right to keep using that path with no obstuctions. I got sued over this and lost. Even though my drive way is running ten feet paralell to the public road the court ruled I had no right to stop people from using my drive to pull off the public road to slowly pull onto the private road. 1/4 acre I am paying for I will never get to use. By the way it never showed on the description or any where till the suit was drawn forth. If you do not have to give it up close it off and do not say any thing to any one!!!

The correct term is "prescriptive easement". This a type of "adverse possession" and is an unrecorded easement until a court awards it in a lawsuit. Take heed to what Dave says when buying land and be careful of any apparent roads, trails, driveways, etc. that might be someone's access they've been using for a while. Each state is different; in Texas the period of time required is 10 years.

[Hoop]

I am very familiar with the vagaries of easements in Wisconsin, having been on both sides of the fence.
Your namesake suggests you live in Southwest Wisconsin, where undeveloped land realistically will sell for a minimum of $2000 acre (20 acres or more).

In Wisconsin, contrary to public perception, it is still possible to buy/sell landlocked property. When selling, it must be fully disclosed that the property is landlocked.


As one might expect, having landlocked property seriously lowers the price of what a seller can reasonably expect to receive when they wish to sell a land parcel. Quite often, sellers INCORRECTLY assume that landlocked property is worth as much as accessible property. NOT by a long shot.

Here is what you may wish to do. Contact a realtor and ask what the normal cost per acre is for similar land with an easement. Then ask what its worth without an easement. The difference between the two is a starting point for what an easement is worth.

This is how much you should be asking if you decide you wish to grant an easement. I am not familiar with the parcel of property involved, but getting $10000 - 20000 for an easement is not unreasonable. It enhances their property by this amount. Why shouldn't they pay for it?

I wouldn't rule out granting an easement if the price were right. In fact, it could be a cash windfall. Others have said you are in the drivers seat. You are. You can specify that the easement is to be used only if the land remains whole and that any further division of the property nulls the easement.
All issues regarding maintenance of the easement road should be spelled out as well. Insist that the maintenance costs for the easement road will be paid for 100% by the entity using the easement road. Record it on the deed. If the road is not to be used during spring breakup, spell that out on the deed.

The easement gets recorded on the deed. When the property gets sold, the easement goes with it.

Don't be so quick to rule out granting an easement. Of course, granting a free easement is complete foolishness and you'll kick yourself forever. A fair market price for the easement just may be the easiest $10000 - $20000 you have ever made. You can choose the route of the easement, and do so in a manner that it enhances your property, rather than detracts from it.
Just as a person receives money when logging takes place on their property, they have to give something in return.


You don't really say what type of property the adjoining land parcel happens to be. Is it recreational land? Farmland? A site for full time residential occupation?

If you're serious about granting an easement in exchange for some cash, have a sit down with the potential buyers and spell it out to them exactly what it will cost them. They will pay for the easement, the road construction and the road maintenance. No ifs, ands, or buts about it.
Explain to them that a "free" easement is out of the question. You'd like to remain friends if possible, but you wish to be fair. Certainly, you wish to be compensated for the increase in property value that an easement will bring.

[Red Devil TN]

Originally Posted by Big Dave

... for more that eight years have a right to keep using that path with no obstuctions.

Holy poo!! Only eight years? What state are you in? That stinks, though, in MA there was generally no obligation on the 'landowner' to upkeep said path (though recent ruling have changed that a bit). It was very typical for folks to put up fencing along both sides of the 'path' according to the court order, and if some black locust, honey locust or white ash happen to start growing just inside the fence.... well, they don't really generally have the right to divert that path...Yes, we saw all types of 'interesting' cases. lol!!!

[rambler]

The easement goes on the deeds, once granted it is very difficult to remove again. It will not follow you or your friends; it will be a legal document attached to the land itself, who-ever owns it.

As you say, if/when sold, or if friendships change, it can become a source of constant irritation. Only you know the good/bad of that part.

Wouldn't bother so much if the easement were on a back line or so, but if it divides any of your property, then it seems to be a real issue, messes up pasture or field plans, when the 20 is subdivided into 40 houses it becomes the main racetrack for all those people through your property, etc. It is possible to carefully restrict the use of the easement, but once there they often become broadened on their own, and if a county can get taxes on 40 new house lots they kinda will make that easement a county road, as long as it's there already....

All depends on a whole lot of little details.

I would not _give_ an easement, as you lose something of value - forever mostly. How much would you sell it for?

--->Paul

[donsgal]

Originally Posted by Kickapoo

We've been asked for an easement across a corner of our property by a potential buyer of the difficult-to-access property next door. Should we do it? If we granted an easement to our friends could we later deny it to the next owner if they decided to move? Would they potentially have a problem if we moved?

[Note: edited from the original for easier reading]

An easement once granted goes with the land.

You can SELL them an easement also. They are known to be very expensive.

but I agree with the other poster. Someday, you will live to regret it.

donsgal