Ingress easement maintenance

Discussion in 'Homesteading Questions' started by minnikin1, Jan 10, 2005.

  1. minnikin1

    minnikin1 Shepherd

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    Is anybody familiar with ingress/egress easements?

    Our friends own land with a driveway that crosses over it.
    In recent storms, some trees went down and blocked the driveway.
    If the deed does not specify, who responsible to clean up the blockage -
    the owner of the property or the user of the drive?
    What about routine trimming of brush etc?
     
  2. SteveD(TX)

    SteveD(TX) Well-Known Member

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    Easements are TYPICALLY maintained by the party that utilizes the easement, and not the property owner; unless specified otherwise.
     

  3. RMShepp

    RMShepp Active Member

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    I agree--that's been my experience as well.
     
  4. Pony

    Pony Well-Known Member Supporter

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    Having recently spent a significant amount of money to find the answer to this one, yes, the person(s) who utilize(s) the easement is responsible for upkeep.

    That is theory.

    Practice, as many folks find, is often in diametric opposition to theory.

    <sigh>

    Yeah, we bought a place with an easement across it. I am so familiar with residential real estate that I wound up with a fool (me!) for a lawyer when we bought our land. Everyone thinks easements are a good idea-- unless they're running across your land!

    Turns out the fellow from whom we purchased the land has no other legal access to his 80 acres at the top of the bluff. A neighboring farmer is allowing him to cross his land to farm. When the elderly gentleman from whom we purchased sells his top tier, the ONLY legal access through which is can be accessed is this tiny, skinny, in-danger-of-washout little road. The DNR probably won't like it, but I certainly don't want to make enemies out of neighbors who have been in the county since Moses was a lad...

    Hopefully, the gentleman will be kind enough to give us right of first refusal. If not, that is one more thing to make me less happy about this lovely little 40 acre slice of land we're slaving to pay for. Which is totally sad.

    So, the lesson in this rambling parable? READ THE FINE PRINT. HAVE A LAWYER LOOK IT OVER. DON'T TAKE THE REALTOR'S WORD FOR IT!
     
  5. rambler

    rambler Well-Known Member Supporter

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    The theory is that the person who needs the easement maintains the roadway.

    Reality is that a person can get some real bad neighbors & anything stressful is possible.....

    --->Paul
     
  6. Ana Bluebird

    Ana Bluebird Well-Known Member Supporter

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    Rightfully it should be written into the contract, right? But I agree with these folks, if you want to use it, you keep it clear. We had such a terrible experience with this when the land sold to a alcoholic, gun-loving, hot-headed, woman-hating truck-driver that I'd never buy land like this again. Nearly got killed over it. I see the new owners of our property have built a new house, so they must be doing much better.
     
  7. wy_white_wolf

    wy_white_wolf Just howling at the moon

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    This actually varies greatly from state to state. I now here a friend of mine has an easement for residental use only going across his land. If he wanted he could put up fifty gates across it and keep a chicken in each one. The people using the easement would have to open and clse each gate individually and be respnsible if they ran over the chicken or let it out. But if it was a commercial or light industrial easement he couldn't do that.