EASEMENT Questions

[bildo]

Hello, I have owned 40+ acres in ohio for some years now, and this is the year to start building on it. The problem is that in order to get to the build site i have to cross a stream and in order to do things at the much lower end of costs it was discussed that using an old bridge and road from the early 1900's is the cheapest way. Well with that being said i only need to travel about 150' right down the property line, dropping some culverts before cutting back over fully to my property. I have an OK from the neighbor but the problem is writing up an Easement Agreement. Does anyone have a rough draft/generic form/basic sample of what i need to write to cover both of us. I know i can talk to a lawyer but i know i don't have to either and i just want to get something in writting and signed soon so i can get to work. Then if i need to change it later we can. Thoughts??????:anyone:

 

[ustmd]

"I know i can talk to a lawyer but i know i don't have to either and i just want to get something in writting and signed soon so i can get to work."

I am unclear whether this is a temporary easement or a permanent one.

In either case, you should talk to a lawyer. This could get very complicated, very quickly and it is unlikely that anyone will have a generic document that will serve your needs. For example, here in Texas, a permanent easement needs to be recorded with the county and be on the plat for it to be considered valid.

 

[MinnesotaEric]

Hello, I have owned 40+ acres in ohio for some years now, and this is the year to start building on it. The problem is that in order to get to the build site i have to cross a stream and in order to do things at the much lower end of costs it was discussed that using an old bridge and road from the early 1900's is the cheapest way. Well with that being said i only need to travel about 150' right down the property line, dropping some culverts before cutting back over fully to my property. I have an OK from the neighbor but the problem is writing up an Easement Agreement. Does anyone have a rough draft/generic form/basic sample of what i need to write to cover both of us. I know i can talk to a lawyer but i know i don't have to either and i just want to get something in writting and signed soon so i can get to work. Then if i need to change it later we can. Thoughts??????:anyone:

In Minnesota where I'm a licensed Real Estate Broker, a legal easement needs the description of where it is as well as the reason the easement is needed, and must be recorded at the local county with the deed or title to be defensible.

Example:

<legal description of your real estate>Southwest Quarter (SW1/4) of Section Fourteen (14), Township One Hundred Thirty-two (32), Range Thirty-eight (38).

Also an easement across/along the South Half of Government Lot Ten (10), Section Fourteen (14), Township One Hundred Thirty-two (32), Range Thirty-eight (38) <neighbor's real estate where the easement is and a description of the real estate the easement is upon>, for the purpose of ingress and egress to the herein described premises.

 

[Paddy]

I'm with ustmd, get a land lawyer. Many battles come from verbal easements, or how it was written. If you could purchase the strip, all the better. Remember, an easement is permission to use their land for ingress and egress. They could think you drive to fast and here comes "speed bump wars". These folks may be nice, but that can change at any moment, like when it's sold.

 

[adventure bob]

Actual legal easements are included in the property deed. They are not handshake agreements between to parties. Any document you may have that is not part of the deed is a personal contract and can be disputed at any time by the other party. You need a lawyer and you need the easement recorded.

 

[JK22]

I practice law... Some of the advice so far is good... Some is just enough to get you in trouble. It's very easy to create a legally binding document. However, if things go south, you will regret not spending the money up front to have an attorney do it right and protect your interests. Hire a lawyer now (relatively cheap) or hire one later when you get sued (very expensive). Your choice.

 

[jerryjks]

You need to get a Lawyer...There are a lot of different ways to write and read an easement. You don't want an ingress and egress easement. You want an easement for "any Lawful purpose". You also need the easement to "go with the land". That way it does not end when you move, die or sell the land. Get a Lawyer!

 

[dmccarty]

Do not play around with an easement. Get a lawyer to do it right. Even if this is a temporary easement to build the house.

Frankly, I would not have an easement if it can be avoided.

Way back in TBN History, there was the epic discussion by MDBARB about an easement dispute, http://www.tractorbynet.com/forums/rural-living/14251-help-i-need-legal-advice.html. The easement situation cost MDBARB thousands of dollars, a couple of lawsuits, and years in court. The link has over 500 posts over 50 pages so it will take awhile to read, but better to read what happened to MDBARB and heed that lessons in his experience, than live through something similar.

Later,
Dan

 

[dmccarty]

The problem is that in order to get to the build site i have to cross a stream and in order to do things at the much lower end of costs it was discussed that using an old bridge and road from the early 1900's is the cheapest way.

Will the bridge build in the early 1900's support heavy truck traffic needed to build the house?

I worked on a farm that had a bridge most likely built in the 1920s or 1930s. I was nervous driving a MF135 over that steel bridge. A pickup was the heaviest vehicle we would take over the bridge. The landowner had a small bulldozer and if we had to get it to the other side of the creek, the JD dozer crossed in the stream bed. No way would we take that little dozer across the bridge.

Later,
Dan

 

[oosik]

Get an attorney. It will cost a couple hundred bucks but you know it will be right. Go the cheap way and you could later loose legal access to your property.

Besides - "you've owned the property for some years now" - why get in such a rush and screw things up with some half-lame document.