Writing an Easement on Property

Discussion in 'Homesteading Questions' started by Jena, Apr 7, 2005.

  1. Jena

    Jena Well-Known Member

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    I have to include an easement on some property I'm getting. I have to allow my husband to go up the driveway and then to some bins that are back there. When it's muddy, or there are crops in the fields, he cannot access them any other way.

    I wrote it to specifically give HIM access to only THOSE grain bins, with a clause that says the easement expires once the bins are not used for more than two years and that this does not apply for any new bins. If he wants new bins, there are plenty of other places he can put them. He also is responsible for maintaining the driveway (grading, new gravel) as he will be the one using heavy equipment on it.

    The idea here is to grant the easement, but not make it a permanent easement to anyone to come through there.

    Will that work?

    Thanks
    Jena
     
  2. jillianjiggs

    jillianjiggs Well-Known Member

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    You really need to contact a lawyer that specializes in real property law. Most lawyers will be able to answer all of your questions, and a couple hundred now could save you trouble and a LOT of money down the road.
     

  3. norris

    norris Well-Known Member

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    Laws vary in different states but you can usually grant an easement to an individual without it being attached to the land.
     
  4. Pony

    Pony Well-Known Member Supporter

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    As someone who has had a nasty easement experience, I would strongly advise you to see a good attorney, and make the language granting the easement as specific and time-limited as possible.

    Most people agree that easements are a good idea, but no one wants one running across their property. Just make sure that, as the one who has to tolerate the easement, you cover your posterior.

    Pony!
     
  5. rambler

    rambler Well-Known Member Supporter

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    Out on the farm such a thing is generally a handshake & nod. So..... We have to assume there can be issues in this case.

    Wording is everything. Can the fellow store other people's grain there? Can he sub-lease the bins? Etc. Etc.

    When push comes to shove, every little word counts, and even what the lawyer writes up can be read different ways.....

    See a lawyer for best results. But yes, you can grant temp easements. It is often better to get an end-date on them, rather than leave it open ended. Yours is open-ended. How long will the grain bins last? What is their useful lifespan? Have the easement end 'for sure' in 10, 15, 25 years. So there is, some day, closure no matter what happens between now & then. This gets the easement & any 'issues' gone & away at _some_ point in time.

    --->Paul
     
  6. SteveD(TX)

    SteveD(TX) Well-Known Member

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    Never heard of granting an easement to a husband.

    Why does this have to be an easement? Won't a simple handshake agreement get by? Or other type of written agreement. Easements are sticky issues that tend to linger around and cloud the title to land. Unless you don't trust the guy, I don't see what the problem is. A written agreement or contract should suffice, IMO. But contact a lawyer to be sure.
     
  7. Jena

    Jena Well-Known Member

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    Yes, there are issues and no I don't trust him. We are in the process of separating.

    I understand the real need to cross my land to get to the bins, but I don't want to get roped into granting access to some stranger who may end up with his ground. If he sells or transfers then whoever it is will have to figure out another way (It can be done). The bins are old anyways and on the edge of being worthless.

    I don't want to limit who's corn is in them or all that, but I am going to limit the person who can cross to him only.

    I do have a lawyer, but lawyers only write what you tell them too, especially in this case as we are trying to cooperate with each other and are using the same attorney.

    Jena
     
  8. rambler

    rambler Well-Known Member Supporter

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    This is different than I first understood. The bins are on one side of your property, the access is on the first side of your property. Easement is for access to & from the bins only. The bins themselves are not involved.

    I would work hard to put a time limit on the deal. 10 years, 15 years, easement _ENDS_. In addition to your other limits. This will keep your property cleaner down the road, anyone buying will see a way out of the easement and it will not be there 'forever' to cloud the title.

    Again, anyone can sue for anything, and squatter's right, language, obsucre clauses, and it can still be a nightmare down the road, but would mostly get things cleared up & untangled some day.

    Would be nice if you could write up a 15 year rental agreement instead of placing something on the title itself, but suppose that would be hard for the other side to go for.

    --->Paul
     
  9. Jenn

    Jenn Well-Known Member Supporter

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    Would it be 'safer'/cheaper long run to pay to move the bins for him now? Can you refuse him the easement?