The real issue is what HIS deed says. A legal easement will be listed on ALL the deeds that the easement is in force on. I have a house/acreage that is accessible by an easement. There are actually three of us adjoining land owners that have an easement on each other.
That easement is listed on all three deeds. It even has a legal description of where the easement is. That way none of us can build or block the easement.
The only issue we have ever had is the maintenance of the drive way. Two of us use the drive regularly. I use it the most. So what I do is pay for the load or two of gravel that we need each year. When the other neighbor uses it to empty his hog buildings ( about every other year) then he and I split the bill. The other land owner and I get along very well. He only needs the easement when he is harvesting his crops. He has another way in but it is too steep for loaded wagons. He only makes 4-5 trips fpr the whole year.
You need to know what the other man's deed has on it. Deeds are public records so you can go to the county court house and look at the recorded deed. If you want a copy there is usually a small fee but it is not too much. You also should see if your copy of your deed is the same as the one that is recorded. I had to buy a right-of-way because the deed I had did not match what was recorded. What is recorded at the court house is the only one that has legal standing.
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