Right of Access Easement

[Dusty Britches]

I have a question about easements granting right of access to landlocked property.

First a little background:

I lease and help manage property next to mine. The landowner (Jill) lives in North Carolina and has trusted me to watch her property and help her manage it. I also lease it for hunting.

There is a land locked 11 acres that the absentee owners (Bob) cross my landowner's property to access theirs.

Jill's property sits on the corner and runs the full length of the one lane county road, which ends at my property. Originally Bob found a hole in the fence close to the corner and drove diagonally across Jill's property to get to his place. When I took over managing it, I closed the hole and put a no trespassing sign up with my phone number. Sure enough Bob called me about 5 months later.

I explained to Bob that he could access his place from the gate placed at the end of the county road next to my place. It was the shortest and straightest path to his property. Unbelievably, the lock on the gate was his! Anyhoo, that was 2 years ago.

Bob, Jill and I all get along and want to do what's right and fair so that Bob can access his property freely and not interfere with what Jill or I want done. The relationships are positive. In fact, Bob couldn't make the left turn onto the access with his RV trailer because of brush and the gate was next to the county road. So over the last few weeks I helped Bob and his family remove the brush and push the gate in by 30'. (I'd been wanting to do this so the people who get lost can turn around.) We worked together to remove brush and small trees from the county road to his property.

Question:

Jill and I were talking and decided it would be best for everyone if we had a written easement access rather than relying on words alone. Jill is working with her attorney to develop it.

For those of you who have access easements, who normally is responsible for maintaining it?

What if the easement grantee wants improvements to the access like gravel or pavement?

What is the normal width of the access? I was thinking 16' is more than enough. The gate is 14'.

What other considerations should we add to the easement?

(btw - the names have been changed and were only used for clarity.)

[timberking]

You going to call this temporary or permanent? 20' and all improvements on Bob. Think about if Bob sells. Are they going to be as nice as Bob?

[dawgkllr]

You going to call this temporary or permanent? 20' and all improvements on Bob. Think about if Bob sells. Are they going to be as nice as Bob?

This...
The easement should be a permanent access and spell out that any or all improvements are on Bob.

[scotth89]

Agreed. Y’all are doing him a huge favor by putting this in writing and making his access legal. This is worth a lot of money no matter how cordial the relationship. You need to think of the headache that could arise with new owners if he decides to sell. As of now he is stuck with the property and can’t build on it etc.

[BrianL]

A road needs at least 30' with ditches and crowned road if straight no turns. If there are turns 45' but 60' is best.

[BrianL]

I would sell him the property if it didn't affect you.

[Dusty Britches]

60 feet is a 2 lane road and entirely too much. It is a straight shot to his place and parallels my fence line. The county road isn't even 30' wide.

I believe that right now he has access right through estoppel. Putting it writing will also protect Jill by limiting what he can do.

Some more irony - both of these landowners inherited their properties through estate trusts dating back to 1900 and to the same person!

I think Jill wants to buy Bob's property. If not, I do so neither Jill nor I have an interest in the moment of selling that strip to him.

[kmitchl]

Might be a good dea to talk with the county before you get any further. In Fayette county you cant sell a landlocked tract without selling a means to access the tract. They no longer approve easements for access.

[bboswell]

If I were Bob I would push for a legal easement.

If I were you I would avoid it at all cost!

Say Bob sells out and the new owners don’t close gate, litter etc, as of now you could lock them out and leverage the landlocked property. Now same situation with a legal easement and you have deal with the new POS owners using your land forever....

[FCoDxDart]

For those of you who have access easements, who normally is responsible for maintaining it?

What if the easement grantee wants improvements to the access like gravel or pavement?

What is the normal width of the access? I was thinking 16' is more than enough. The gate is 14'.

What other considerations should we add to the easement?[/INDENT]

(btw - the names have been changed and were only used for clarity.)

Question 1- it depends what is written in the legal documentation of the easement. I would make sure everyone pitches in equally on the easement. Even if a person's property only touches 10ft of it and the other person's touches 100ft of it.

Question 2 - That person needs to communicate with the others and if they decide that it isn't needed then you are by yourself, if you really want to go at them then you could start a civil suit or have an attorney give you advice.

Question 3 - if you are way back in the country and nobody is pulling a trailer house down the road, then 20ft is what I would go for. That gives plenty of room for people to drive without riding near fences or ditches if people come to pass. Although you will have to determine what fits ya'll best and for future. We have a 40ft easement that is shared by everyone, and that is more ideal, but I know how much that cuts into the property.

Question 4 - make sure who is denoted as the easement owner, typically they do not pay for upkeep. Also make sure the legal work says each person has non-exclusive access to the easement. That will help in the future if its sold and someone claims that someone else can't use it.

[Clark]

If there is evidence of a path that Bob has used for years to access his landlocked property, he arguably already has a prescriptive right to cross Jill's property.
And I don't think that burden would end for Jill if Bob sold to another party.

By clarifying Bob's and Jill's rights through a recorded access easement in a specific location is a good way to ensure both parties burdens and benefits meet their interests in a manner to suit both.

Maintenance, improvements, etc., is up to the 2 parties to agree on.

I think you have a pretty good grasp on the situation and are approaching this in the correct manner.

Good luck.

[jaspermac]

Just do a 30’ easement in gross. All maintenance and cost are on him. The easement does not transfer if he sells

[BrianL]

60 feet is a 2 lane road and entirely too much. It is a straight shot to his place and parallels my fence line. The county road isn't even 30' wide.

I believe that right now he has access right through estoppel. Putting it writing will also protect Jill by limiting what he can do.

Some more irony - both of these landowners inherited their properties through estate trusts dating back to 1900 and to the same person!

I think Jill wants to buy Bob's property. If not, I do so neither Jill nor I have an interest in the moment of selling that strip to him.

My driveway is 30' and 1/2 mile long. It makes two 90 degree turns and both turns go outside the 30'. Neighbor doesn't care because he uses road and no way he or i could turn with a long long trailer if road made a actual 90 degree angle. But my actual road is about 16' and ditch on each side make up the difference. But if it is a straight shot 30' is good enough.

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[friscopaint]

No way would I allow a landlocked property access through my place. I would allow access on a case by case basis. Property behind me actually has a gate into my place , I will allow it in an emergency and have when they had cows get on me to run them back. Theirs isn't landlocked so not the same scenario. I would think he would be hounding to buy an easement to his place or his place is worthless.

[lanceodom]

Make him pay for the easement, not the same as purchasing the land, just gives him the right to use it. Also be sure the improvements must be approved by landowner and at easement holders sole cost.