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  #21  
Old 12/17/11, 02:02 PM
fantasymaker's Avatar
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Join Date: Aug 2005
Location: IL, right smack dab in the middle
Posts: 6,787
I think this situation is a bit different since the easement used to be a railroad.
I definitely ask the other person about the easement and off to pay for a certain amount of maintenance or material each year. Id prefer something like I agree to have $100 worth of rock delivered each year. that way id know we were both benefiting and getting the maintenance.
Or agree to do all the upkeep as long as his use is normal non commercial use.

Last edited by fantasymaker; 12/17/11 at 02:19 PM.
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  #22  
Old 12/17/11, 02:23 PM
 
Join Date: Jan 2004
Location: MN
Posts: 7,610
Quote:
Originally Posted by CountryGoalie View Post
I appreciate the warnings I have been given, and will take them into consideration - but we are not looking to build on the back portion - I was just interested in an easement, as a previous poster said - for access to pasture or firewood during the part of the year that would be too difficult to access from our front side.
Sounds to me like a nice property with a bit of difficult access to the back half part of the year, but certainly still nice property not a deal-buster issue. Sounds like you are trying to cover your bases and think of future and plan for minor problems down the road.

I think a full blown easement legally recorded would be difficult to get - they tend to decrease the value of land and so the other owner - if it were me anyhow - might not be interested in such. The trouble is those easements turn into curbed paved roads to allow development of 5 houses back there.... Even if _you_ don't plan on ever doing such a thing, once the easement is given, then it is there, and developers are sharp, they look through properties that are a good deal with an oppertunity such as that to exploit....

But if you are comfortable wth a gentleman's agreement with the hope that it won't blow up on you for 5 years or so, which should give you time to figure out other alternatives to access your back area, I think that should be pretty easy to work out with an agreeable neighbor - like others say, trade a bit of grading or gravel hauled in per year ofr use, if you have a tractor & blade or other resource you can trade. Doesn't cost you too much, and if the ddeal blows up/ new owners, you can stop your costs on the deal... But, such a thing might not last forever, you have to understand that side of it as well....

--->Paul
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  #23  
Old 12/17/11, 02:47 PM
 
Join Date: Mar 2005
Location: Bartow County, GA
Posts: 6,779
I recetly sold a legal, deeded easement in my favor across my neighbors land as it devalued her property. Because of this, I was pleasantly suprised at what she was willing to pay.

I also have a legal deeded easement to get into my property that runs between two different parcels and owners. Never had a problem and because it's recorded, I don't forsee any future problems.

Lots of easements around here, with little to no problems.

From what I'm reading, I'd just build a bridge to the back portion of your property. Keep it simple. The RR easment - if it's on your land, the RR doesn't use it, and you use the land for X years, you own it.
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