Deeded land easements ???

[bughunter]

Has anyone dealt with the purchase of land that has a recorded or unrecorded easement across the land ?
What problems did you have ?
Pros - cheap land
Cons - many family members with access across the partial.

[Kdog]

Deeded land easements ???

I own land with an easement. The main issue I see is there are people who use it, basically to drive across the front of my property. I also access the property through another easement. One thing I didn't realize is the easement is only good for accessing the property, there is nothing for putting in utilities. So I would have to obtain a separate easement to do that.

One of the things that's good is the property is off the road. The easement means there are usually people around, which can be good and bad.

[Spearchunker]

Watching

There is one on my place. I have not met them yet. It crosses right across one of my corners. It really doesn't affect us. I was curious who owns the gate that's on my fence line? There is an existing gate that is on my land but intended for their access. I want to use it too and plan on asking for a key.

[Grayson]

Depends on the language of the easement and you need to have a real estate attorney review it.

[Rustled Again]

I access my house across a deeded access easement. There have been no problems so far. I was uncomfortable with it initially but it seems to have worked out well.

[Stan R]

I would not accept anything other than a DEEDED easement.

[DUKFVR]

Had a deeded easement on our place we sold. It could be bad or good. We were lucky, the hunters who used it were super courteous & made sure not to come through our place during prime hunting times. They were really good people. Now if you had someone who didn't care it would be horrible IMO. One problem we had was the owner of the easement ,never fixed it up. When it got rutted up you could see where people had drove on our place Before we owned it. I did see where one of the hunters drove around a big rut one day & asked him to not drive on my place. I told him if they couldn't get through the ruts they needed to fix it. The owner told them it was their responsibility, she wouldn't fix it. They did their best to keep it up,but without a tractor or such it was really tough. I don't think I could ever own another place with an easement. I just don't care to have people drive through my place.

[Big pig]

I have an easement to get to my place from the hardtop. Azzhat just bought that tract and took off the easement gate that had I had there for 30 years.
He has managed to alienate all four of his neighbors in less than two years.
Previous owner and I are good friends and never a cross word in all that time about the easement or anything else.

[Birddog66]

If it's a deeded access easement the main thing to know is that you cannot build on it or block the access of the grantee in any way. fairly common. If it's non-deeded than it's probably a verbal agreement of some kind. These can become a pain when buying/selling.

I have an easement to get to my place from the hardtop. Azzhat just bought that tract and took off the easement gate that had I had there for 30 years.
He has managed to alienate all four of his neighbors in less than two years.
Previous owner and I are good friends and never a cross word in all that time about the easement or anything else.

He shouldn't be able to block your access. You have all the leverage on this one.

[stickbowcoop]

We have an easement on the house we just bought but a utility company owns it. It is the gravel road in this picture from 2015; we own to the brushy fence line at the bottom. We were told at closing we own it and can use it however we want, but never block it. We want to fence in our whole property next year. But I am not sure if we can get them to put a gate at the road like the other neighbors have or if we are going to lose easy access to a chunk of our property and have to fence before the road.

To me there are no pro's because we only got them down $5k due to the easement. The con is we have to let people drive across our property anytime they want. Good news is in 2 months they have only been back there twice.

[Rush2Judge]

We have a deeded easement to access our lake house. This caused all kinds of grief at closing as the sellers still owned the land with the easement. They wanted to close it off and force us to join the HOA (we are the only house in the neighborhood not in HOA and only ones permitted to use the easement). We just made an effort to get to know some of the other family members and could sympathize with them having to deal with unauthorized traffic going right by their house. We voluntarily put a chain across our end with a lock. It stays locked when we are gone and open when we are there. Now everyone is happy.

[JTCowpoke]

I have an easement for about 2 miles across my property. It usually is a big deal but when it gets muddy it does suck that they can rut it up and it may stay that way for weeks. Also I notice that sometimes their kids will drive their 4 wheelers up and down the easement I guess because they get tired of riding around on their place.

[Dave W]

Would you ever consider a place without a deeded easement, just a written or oral agreement?
what happens if you were to alienate the landowner? could he cut you off?

I was looking at a place but you have to go through another ranch. Supposedly it has not been an issue for the seller but now because there is no deeded easement, the banks will not loan you any money. that means its a cash sale or its owner financed.

i don't like either option.

[TX_Hoghunter]

We have a deeded easement to a couple of our places. Unless something has changed the biggest issue is most lenders will not loan money on anything short of a right-of-way. It is one of the things that makes the land cheap. Also some countries are a little weird about issuing you a 911 address if all you have is an easement. Luckily for me Van Zandt is not one of those conuties.

-john

[Big pig]

If it's a deeded access easement the main thing to know is that you cannot build on it or block the access of the grantee in any way. fairly common. If it's non-deeded than it's probably a verbal agreement of some kind. These can become a pain when buying/selling.



He shouldn't be able to block your access. You have all the leverage on this one.

I probably wasn't clear. There was a gate on the easement when I bought the place. On the feeder road of Hwy 45. Busy area. We later replaced the gate with a better one. All of the owners had a key or combo. No problems or trespassers for thirty (30) years. DB new owner removed the gate without asking/noticing me or the other owner on the easement. Now I have people showing up at my gate / end of the easement that I see on gam cam. BTW Dad and I maintained that 1/2 mile easement with tractor and materials for 30 years. He hasn't done a thing since he purchased and he brings cattle/feed in and out all the time. Road is a mess. I did contact the smartazz and after a very short conversation later, we ain't talking ever again.