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#1
08-21-2012, 08:37 PM
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Easement question
If I buy some property that has an easement on somebody else's land, can I pave it or what exactly am I allowed to do with the easement (it is for access to the property).
thanks! |
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#2
08-21-2012, 09:26 PM
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Easements imply usage (for access) and minimal maintainance for the implied usage. You cannot make any improvements unless you have permission from the property owner. It's still not on your property, so you don't have a legal right to do anything to it. Of course you could always ask permission to improve the drive by paving it.
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#3
08-21-2012, 09:30 PM
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Thanks, I was thinking surely the property owner would rather have it paved than driving through the dirt/grass but you never know? I guess if they wanted to keep me from paving it then they could.
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#4
08-22-2012, 10:37 AM
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If you have property taxes in your state it could increase the $ value of the easement property and most likely ^^^ the tax.
__________________
CT Gross---66 GTO "Its never too late to have a happy childhood"! I told my dad I was going to stop raising hell, and he called me a quitter! |
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#5
08-22-2012, 12:07 PM
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What does the deed for the property you are looking at say exactly about the easement?
What does the deed for the other property say about the easement running through it? What does the county? state? assessors property tax maps show on them regarding the easement? |
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#6
08-22-2012, 12:20 PM
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The easement could also be electrical, storm water, sewer, gas, wetlands, drainage swale, etc, does not necessarily mean it is an access easement.
The property deed should tell you exactly what the easement is for. You will most likely need permission from the property owner and the township/borough to do anything with the easement. Mark
__________________
1965 GTO: 467 (Built By Dan Willever), 400 Block, Eagle 4.25 Stroke, Eagle 6.8 Rods, BRC Pistons, Custom Grind Hydraulic Roller Cam, Edelbrock 72cc Heads Ported, HS Rockers, Doug's Headers, Edelbrock Victor 4150, QTF 850 Carb, AutoGear M22 4 Speed, SPEC Clutch and Pressure Plate, 12 Bolt 3:73 Posi. 
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#7
08-22-2012, 12:27 PM
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Buy the easement. Than you can do whatever you want to it.
__________________
 3 Generations of "Beach Boys Racing" ! Everybody knows somthin. Nobody knows everything ! 1st time on a dragstrip, 1964. Flagstart ! "Thanks for the entertainment." "Real Indians Don't Wear Bowties" |
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#8
08-22-2012, 03:01 PM
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The easement should be a recorded document. Check with the county, they should be able to provide a copy of the recorded document. The document might be very specific as to what the rights and responsibilities are or it might be very vague.
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#9
08-23-2012, 09:38 AM
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What is the purpose of the easement? You must do your due dilligence and thoroughly investigate the type of easement as well as the wording/verbage describing that particular easement. That should give you most if not all of your answers. Easements are widely misunderstood by the general public so be cautious in what you are digesting.
__________________
 ___________________________________ "Objects in mirror are closer than they appear" 
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#10
08-27-2012, 08:06 PM
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You need to review the deed on the land that your easement goes over. Stupid things happen like the easement being erroneously recorded on the property being served by the easement and not on the property the road crossed over. Therefore there was no legal recorded easement.
__________________
Mick Batson 1967 original owner Tyro Blue/black top 4-speed HO GTO with all the original parts stored safely away -- 1965 Catalina Safari Wagon. |
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