Posted by jdemaris on March 12, 2008 at 09:02:32 from (67.142.130.48):
In Reply to: Re: Legal question posted by old on March 12, 2008 at 08:08:31:
It all depends on exactly what is written. Deeded access will have some sort of description of use, allowance of road improvement, maintenance, possible right to run utilities, etc. If it is not completely described, then it can get more complicated and revert to existing land and use laws - and those vary alot across the country. In most places, if not written, use only refers to "over your property" and only on the existing road track. Have you read your deed or easement?
I'm not being a wise guy here - but I have met many people with land problems - and they'd never actually read their own deeds.
I recently bought some land that was subject to a long standing dispute - over 20 years. The one guy felt he had a right to use a driveway on a neighbor's property - but that neighbor put a gate on the driveway for 20 years -and there were constant hard feelings about it. Well, I bought the land last Fall, pulled the deed - and there was an court-ordered easement attached to that deed. The guy who had been locked out for 20 years had the rights on his deed all that time - but never read the deed to find out. Now I own the land and I have keys to that gate.
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