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    Access easement

    Scenario: A neighbor is granted an easement to access their property and home. Several years later the neighbor decides to sell lots and develop part of the property. The access is actually a shared driveway with the property owner of the land the easement is across. Naturally, this property owner does not want his driveway used as access to a subdivision or trailer park. Does he have any legal recourse? Thanks

    #2
    Gonna depend on the easement granted and subsequent use. Talk to a real estate attorney.

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      #3
      Entirely depends on how the wording regarding how the access easement was recorded.

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        #4
        I see your concern but I think the neighbor can do what he wants if there isn’t anything in the deed restrictions.

        I am looking at some property right now and plan to stack trailer houses on it. The neighboring land owners are not going to like it but……they should have bought the property.


        Sent from my iPhone using Tapatalk

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          #5
          Yes, maybe and no. Not enough info for us armchair quarterbacks to hazard a guess.

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            #6
            Originally posted by Twist View Post
            Entirely depends on how the wording regarding how the access easement was recorded.
            This right here. Look at the wording on your deed to the property. It should talk about ingress and egress. If the wording is in your favor and it was recorded properly, you should be able to do whatever you want on your land and not have to worry about your access being taken away. This is all assuming that there aren't any other deed restrictions connect to your property stating that you can't do "X" or put "X" on your land. If the wording is gray, I would seek advice from a good real estate attorney.

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              #7
              If I was property owner I would make a case that this easement is insufficient for emergency services (fire police emt, etc) and that neighbor needs to find a dedicated road elsewhere. Just a thought.

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                #8
                A neighbor just went through this. After over a year in the courts the judge awarded the easement to the county and extended the county road.

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                  #9
                  As others have stated it depends on the language of the easement contract. Hopefully an attorney drew up the agreement with a clause that allows the landowner that "granted" the easement to terminate it with a potential sale of the property by the party that was granted said easement.

                  Without that clause...once you grant an easement and especially if it's the only access due to a land lock situation, then it will be hard to discontinue or cancel it.

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                    #10
                    I’ll take a guess that deeded easement is going to be permanent.

                    Of course, it’s all in the language.

                    BP

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                      #11
                      The friend should be able to take a post good guys just based on the verbiage used in the easement. If not, should be an easy question for an attorney. Ours is specific and states for family use only

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                        #12
                        Would be county specific but there may be subdivision regulations that would not permit it base on easement issues or where I live it would possibly require the developer to bring road up to county specs at the least.

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