Not logged in? Join one of the bigest Law Forums on the Internet! Join Now!   Latest blog post: Research Law Professors Before Choosing Law Schools

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


I am trying to find out how much control I actually have over the easement area on my property.?

Discuss anything to do with property law - buying, selling property

I am trying to find out how much control I actually have over the easement area on my property.?

Postby zackary42 » Sun Apr 08, 2012 6:36 am

I am trying to find out how much control I actually have over the easement area on my property. The Deed of Easement grants a neighbor access easement for ingress, egress and regress. The Plat defines the Easement area. Do the terms Ingress, regress and egress imply use of the easement area and surrounding area for such things as automobile parking, bicycling, roller-blading, hockey, playground & sport activities. Is there any obligation for them to share maintenance costs and/ or damage repair? What law specialty would be most knowledgeable in this area?
zackary42
 
Posts: 7
Joined: Fri Apr 01, 2011 12:15 pm
Top

I am trying to find out how much control I actually have over the easement area on my property.?

Postby colfre » Sun Apr 08, 2012 6:40 am

It depends on the laws of your local state, but typically that would only include vehicle use, not parking, not sports, and not playing. Obligations for maintenance and damage/repair would depend on the terms of the easement and the local law.

Any real estate lawyer should be able to help you.
colfre
 
Posts: 13
Joined: Thu Mar 31, 2011 9:44 pm
Top

I am trying to find out how much control I actually have over the easement area on my property.?

Postby ailwyn » Sun Apr 08, 2012 6:46 am

Ingress - To get into their property

Egress - To Exit their property

Regress - The definition I found does not apply here (to return to a inferior state).

As for "the surrounding areas", they are NOT allowed anywhere except the easement. As for parking, etc, I believe that the are only allowed Ingress and Egress ("Deed of Easement grants a neighbor access easement for ingress, egress and regress") since the Deed does not grant them any other rights. It is, after all, your property, not theirs.

Real Estate or Property law would be the specialized area to consult.
ailwyn
 
Posts: 17
Joined: Fri Apr 01, 2011 10:26 pm
Top

I am trying to find out how much control I actually have over the easement area on my property.?

Postby charlot22 » Sun Apr 08, 2012 6:49 am

Neighbor may use the easement ONLY for going to and from his property.

Neighbor may not park, plant trees, play games, fish, hunt, or use the easement for anything other than going to and from his property.

YOU, on the other hand, may use the easement in any way you wish, as long as your use does not interfere with your neighbor's ability to use the easement for going to and from his property.

Maintenance of the easement is his responsibility, unless the terms of the easement provide otherwise. So, if he wants to put in an asphault road (which is his right to do), then it is his responsibility to pay for it, and to maintain it. But, he has no obligation to maintain the easement in any particular condition. So for instance, if it is a dirt road, full of potholes, he has no obligation to fill the potholes, so if you personally don't like potholes and want them filled, then it's on you.
charlot22
 
Posts: 17
Joined: Sat Apr 02, 2011 10:36 am
Top

I am trying to find out how much control I actually have over the easement area on my property.?

Postby baigh75 » Sun Apr 08, 2012 6:53 am

YOU actually have several easements on your property; the
most obvious one is the walking area--aks, the sidewalk. Culturally, one can walk on it
and ride bikes on it and other such things. Kids using chalk on it is NOT legal unless
the kid with the chalk lives at the house behind the sidewalk.

also, a house has a easement "against" it for electricity lines, water lines, sewer
lines, gas lines, and the garbage man may drive his truck on the back alley which
in some cases, is owned by the city and in other cases, by each home owner.

Thus, you can see, you have many easements...........and you as the home owner
must keep up the areas around the easement areas.......And the postman
has an easement to enter your property to get to your front door but that
easement I think is a cultural one, not a legal one. [cause a property
owner does not have to have pickup or delivery to his door.]

can guide further.
baigh75
 
Posts: 7
Joined: Thu Mar 31, 2011 6:54 am
Top


Return to Property Law

 


  • Related topics
    Replies
    Views
    Last post