The Cost of Easements

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

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

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.

[QUOTE=thaiblue12] since I do have legal access.

So you evidently do.

Wanna bet his legal fees may exceed $10,000 if there is any conflict? Your neighbor would have an encumbrance placed upon his deed and pay the property taxes on the right of way *you* use for forevermore.

I also believe he could put fence, gates and livestock on the property since he is still the owner. It would be *your* responsibility to not let any of the animals out and lock the gate each and every time. On the upside, he has to allow you access 24/7 without aggravation. Oh, if he doesn't want you to pave the road, should you desire, it will remain dirt/gravel. He also will use the road when he desires to and it's your problem to keep it up to your standards if he doesn't care. Of course he may want more gravel than you do. All he will be responsible for is *damage* arising from some act. Normal wear and tear doesn't count.

Oh, if he divides his land. Your right of way will involve even more landowners in the future. Depends on what kind of new neighbors you get as to what sleepless nights that may cause.

One other thing. Go personally to the Register Of Deeds office. Look up the deeds for the surrounding properties (the people there should help you) and see if an easement to your property is recorded on *their* deeds. It wouldn't be a bad idea to get copies of their deeds for future reference. This will let *you* know what is there rather than hearsay and won't cost you much other than a little time.

I'm betting you used your seller's lawyer to do your deed. Dual agency, but they do it sometimes. Yep, you just got free what cost a few $thousand and isn't settled after years. Of course law may vary in CO.

Color me bitter at lying right of way wanters/demanders, lying lawyers acting as dual agents and lazy lawyers not doing their job. All of the above seem to be in plentiful supply.

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

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.

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.

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!

__________________
Heather Fair
Fair Skies Nigerian Dwarf dairy goats
All I Saw Farm
Wasilla, Alaska
http://HoofinItNorth.com
http://FairSkiesAlaska.com

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 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:

__________________
You may not copy my posts or pictures without my consent on this board or any other.

Just the uncut timber that I know of.
Hillbillybob

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.

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.

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.

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?

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

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.

"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.

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.

__________________
You may not copy my posts or pictures without my consent on this board or any other.

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?

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.

__________________
"Only the rocks [and really embarassing moments] live forever"

"When in the Course of human events it becomes necessary for one people to dissolve the political bands..." tick-tick-tick