MSD, Like I told ya wayyyyyyy down below and as I expected you get tons of lay opinions on these legal question n everyone jumps out of the woodwork and with good intensions Im sure and they are indeed trying to help... Thats why I love this antique tractor hobby because the people are so good and willing to lend a hand. Of course, you still gotta go see your lawyer now to get things rolling so he can research your local laws and ascertain all the relevant facts, or your version at least, then try and convince a Court over to your side.
HOWEVER your last post is specific enough and I can enlighten you on a couple things..... The grant of an easement IS NOT the same as the grant of your real estate to someone else ..........BUT its the grant of a certain and limited right of use to another. If you grant him an easement you are NOT granting him your real estate. In addition, you can make a grant still subject to certain conditions and limitations in your favor. What Im trying to tell you is dont be afraid of granting an easement if drafted by an attorney you trust because such may settle the case???? IM NOT saying you should give him one, just trying to explain what it is mind you in a paragraph that really requires 50 pages to describe accurately lol
If he already has an easement he doesnt need one granted from you now!!!!!!!!! so your lawyer needs to know what was originally granted BE SURE N HAVE THAT INFO READY FOR HIM such as; Was there ever an easement granted or was one included on the past deeds??? Take him all the past deeds and any deeded easements!!!!!!!!! Absent a few very unique and limited situations, I see no reason for you to grant him an easement free of charge, perhaps if youre willing and it doesnt harm your interests you might come up with a price???
These type of legal issues are farrrrrrr to complex and much too fact and case by case sensitive to even think of being able to get any help here in a paragraph on a subject that can fill entire law libraries even from a professional so Im glad to see you have local counsel.
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