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Calling John T. Country lawyer?

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Puzzled?

04-21-2008 17:02:22




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Hello John. I have a property ownership question. I have small acreage and so does a neighbor of mine. However in the legal description of my property my neighbors property grants me a 20' easement on the north side of his property. My neighbor understands this easement right of mine and he has abided by it for several years now. However, My neighbor also uses this easement for his use to the back of his land and uses it weekly, it has become almost a private road...which it is not supposed to be. My neighbor and I dont get along real well due to his snobby attitude and the fact that I dont follow his guidance for landscaping and he also wanted me to pave my driveway and I refused and he was a unhappy with me. My question is: Over several years is it possible for this neighbor to declare my driveway his too, because he uses it alot? I dont think he could ever change the legal description of his/my property without my approval, which of course I would never change it. This easement setup is very common in my area and I would estimate that over 40 homes in the area have this arrangement. Keep in mind that I told him after I bought my land that I dont care if he uses it as long as he doesnt block my way. But..... I would hate for this to be an issue later on by him saying...."Oh, I have ownership of your driveway because you never said I couldnt use it". Like the old saying goes, only trust people as far as you can throw them. Any comments would be welcomed.

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Coffee Helps

04-21-2008 20:32:59




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 Re: Calling John T. Country lawyer? in reply to Puzzled?, 04-21-2008 17:02:22  
This is not legal advice, of course, but I think jose bagge & Old Iron are right. Personally, I don't like easements because they can open up a can of worms, especially where neighbors cannot get along well. The better situation would seem to be everyone just own their own driveway outright (in fee simple absolute), but then the downside would be a waste of land.



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Old Roy agiin

04-21-2008 19:33:15




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 Re: Calling John T. Country lawyer? in reply to Puzzled?, 04-21-2008 17:02:22  
I have a 9th grade education,and I can tell you, If HE ownes the property,pays taxes on it,and lets you use it.[ie.[easement]. I would be glad to keep quiet and enjoy this priveledge.He didn't have to let you use HIS property.If you argue with him and make an enemy,and you are useing this land for a driveway to your house,He could make you build your own.--I dont know where you live but,some states have laws of how and where you can tie onto a road.and you might have to get a permit to do that.

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moonlite 37

04-21-2008 17:37:48




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 Re: Calling John T. Country lawyer? in reply to Puzzled?, 04-21-2008 17:02:22  
I am glad Puzzled is not my neighbor!



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M wJ

04-21-2008 17:20:26




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 Re: Calling John T. Country lawyer? in reply to Puzzled?, 04-21-2008 17:02:22  
You have the easement on his property . I don't think you can stop him from driveing on his property that you have the easement on . If the driveway is on your property and not county or township and not part of the easement then you could stop him from useing it. Mike



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jose bagge

04-21-2008 17:15:39




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 Re: Calling John T. Country lawyer? in reply to Puzzled?, 04-21-2008 17:02:22  
As an outsider looking in, let me see if I have this correct: your neighbor has granted you a 20' easement, and you are concerned because he also uses it?

I hope I am not understanding you correctly!



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Puzzled

04-21-2008 17:23:57




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 Re: Calling John T. Country lawyer? in reply to jose bagge, 04-21-2008 17:15:39  
The legal description was setup before we both bought it and.....He has to give me the easement so that I can get to my land. The lots and easements were drawn up by the township/former property owner long before we bought the properties.



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Old Iron

04-21-2008 17:31:52




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 Re: Calling John T. Country lawyer? in reply to Puzzled, 04-21-2008 17:23:57  

Puzzled said: (quoted from post at 17:23:57 04/21/08) The legal description was setup before we both bought it and.....He has to give me the easement so that I can get to my land. The lots and easements were drawn up by the township/former property owner long before we bought the properties.


Someone correct me if I'm wrong,... but he doesn't "GIVE" you the easement, but rather the "right to use" the easement (which he also naturally has since it's on his property).

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jose bagge

04-21-2008 17:35:44




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 Re: Calling John T. Country lawyer? in reply to Old Iron, 04-21-2008 17:31:52  
bingo! ya said it way better than me!



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jose bagge

04-21-2008 17:31:25




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 Re: Calling John T. Country lawyer? in reply to Puzzled, 04-21-2008 17:23:57  
An easement allows you use, but understand that HE still owns it and has full use as well.
It's not a matter of him coming in later- it's flat out his NOW to use as and when he sees fit, with the stipulation that he allow you use as entrance/egress.



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teddy52food

04-21-2008 17:21:52




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 Re: Calling John T. Country lawyer? in reply to jose bagge, 04-21-2008 17:15:39  
Puzzled is walking on thin ice or something is backwards.????? ?



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He's right

04-21-2008 18:02:52




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 Re: Calling John T. Country lawyer? in reply to teddy52food, 04-21-2008 17:21:52  
Anybody dumb enough to get legal advice from this site ain't bright enough to understand how an easement works.

Some folks just expect something for nothing.



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Scooby Doo vs Mothra

04-22-2008 08:05:29




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 Re: Calling John T. Country lawyer? in reply to He's right, 04-21-2008 18:02:52  
Good One! Maybe that is why John T. doesn't post on here anymore?

I cannot see why any professional would waste their time sharing their knowlege for free.



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Old Iron

04-22-2008 13:35:29




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 Re: Calling John T. Country lawyer? in reply to Scooby Doo vs Mothra, 04-22-2008 08:05:29  

Scooby Doo vs Mothra said: (quoted from post at 08:05:29 04/22/08) Good One! Maybe that is why John T. doesn't post on here anymore?

I cannot see why any professional would waste their time sharing their knowlege for free.


Sooooo,... what should the tractor "professionals" on this site, be charging for their knowledge??

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noncompos

04-21-2008 22:31:59




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 Re: Calling John T. Country lawyer? in reply to He's right, 04-21-2008 18:02:52  
Geez, He's Right, lighten up a bit...nobody knows everything, and he never said he going to rely on laymens comments...
Very generally, the owner of the land (A) underlying an easement in favor of another or others (B or B+)can use the easement area as long as his use doesn't harm, diminish, obstruct etc usage by B/B+.
Now this can be complicated; the rights (and responsibilities) of the parties depends upon the written recorded documents, the usage over the years, etc etc, and the accepted interpretations of easement and/or roadway laws in his state. I'm not sure from his post if the neighbor who's land he crosses is the same neighbor as the one who's apparently also using the road. Joint use of any kind raises issues of responsibility for maintenance, etc. THE BOTTOM LINE: only a competent real estate atty in his area, with the full history of the easement and the lands it encumbers/benefits, can advise him...

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